For the Loud Family album, see Attractive Nuisance (album).
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An abandoned swimming pool may be considered an attractive nuisance
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The attractive nuisance doctrine applies to the law of torts in some jurisdictions. It states that a landowner may be held liable for injuries to children trespassing on the land if the injury is caused by an object on the land that is likely to attract children.[1] The doctrine is designed to protect children who are unable to appreciate the risk posed by the object, by imposing a liability on the landowner.[1] The doctrine has been applied to hold landowners liable for injuries caused by abandoned cars, piles of lumber or sand, trampolines, and swimming pools. However, it can be applied to virtually anything on the property.
There is no set cutoff point that defines youth. The courts will evaluate each "child" on a case-by-case basis to see if the "child" qualifies as a youth. If it is determined that the child was able to understand and appreciate the hazard, the doctrine of attractive nuisance will not likely apply.[2]
Under the old common law, the plaintiff (either the child, or a parent suing on the child's behalf) had to show that it was the hazardous condition itself which lured the child onto the landowner's property. However, most jurisdictions have statutorily altered this condition, and now require only that the injury was foreseeable by the landowner.
^ abCotten, Doyice; Wolohan, John T. (2003). Law for Recreation and Sport Managers. Kendall/Hunt Publishing Company. pp. 208–. ISBN 9780787299682. Retrieved 9 November 2014.
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Margaret A. (1977). "The Essentials of Nuisance: A Discussion of Recent New Zealand Developments in the Tort of Nuisance". Otago Law Review: 60–61. Walker...
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form of a strict, secondary liability that arises under the common law doctrine of agency, respondeat superior, the responsibility of the superior for...
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illustrates the parameters around the legal necessity of a duty to act Rescue doctrine – in U.S. tort law, the principle that a tortfeasor who places the tort...
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