You might not know it, but it is possible that your property possesses an attractive nuisance. Particularly if you live around children, you must understand the definition of an attractive nuisance and how to ensure that you protect yourself from liability.
The law places a special responsibility on adults to protect minors. According to FindLaw, an attractive nuisance is something on your property that attracts children but could also harm them.
What are examples of attractive nuisances?
The quintessential example of an attractive nuisance is a swimming pool. Additional attractive nuisances may include trampolines, fountains, and treehouses.
The law does not restrict the definition of an attractive nuisance to recreational or decorative items. Additional examples of attractive nuisances include certain forms of landscaping, scaffolding, ladders and rooftops that are accessible to children.
What can I do to protect myself?
The first step is to take precautions. While you are under no requirement to completely childproof your property, taking specific and simple steps to prevent general injury can help ensure that you are not legally liable for an injury on your property. For instance, building a fence around your swimming pool can protect you. You should also ensure that you are in compliance with all local laws governing attractive nuisances.
Keep in mind that putting up a warning sign is generally not enough to protect you in the event that somebody wishes to bring a premise liability case against you for an attractive nuisance. You must take active steps to prevent the children from gaining access to the nuisance in the first place.