Attractive Nuisance: What It Is and Why You Should Care

Attractive nuisances are features on your property or household items that are enticing to children to use, with or without permission, and that pose safety hazards. Common examples include pools, trampolines, treehouses, hot tubs, ladders, tools and construction equipment, fountains, wells, stairs, appliances, and unsecured weapons.

If you have an attractive nuisance on your property, you’re subject to legal action if a child is injured due to the attractive nuisance, whether they’re invited guests or children on your property.^[1]

As a homeowner, you’re responsible for providing a safe environment and taking reasonable precautions to prevent children from accessing attractive nuisances on your property.

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Common attractive nuisances

Attractive nuisances include everyday, common items, and it’s important to address an attractive nuisance before an injury occurs.^[2] Prevention examples include putting locks on extra refrigerators or freezers, packing away and storing tools, securing and locking away any weapons, putting up safety fencing around a pool, removing ladders or construction equipment from your yard, and most importantly, supervising any children who are on your property.

The most common attractive nuisances are:

Swimming pools

Swimming pools and other water features, like hot tubs and wells, present serious hazards for children. Homeowners are liable for accidents if a child sneaks into their pool without permission and injures themselves or drowns.  

Construction sites and equipment

New home construction, additions, and other construction projects are dangerous to curious kids who wander onto your property. Construction sites include several hazards dangerous for children, including holes, nails and screws, stairs, and unprotected landings. Heavy construction equipment left unattended can also be a safety concern for children who trespass on your property. 

Playground equipment

Few home features draw kids’ attention more than playground equipment. Examples of playground equipment that insurers consider to be attractive nuisances include jungle gyms, trampolines, zip lines, treehouses, skateboard ramps, and playhouses.

The most common playground injuries include broken bones, sprains, dislocations, and concussions. Adult supervision is the best way to prevent any injuries.^[3]

Old appliances

Say you recently replaced your refrigerator or dishwasher and decided to store the old appliance outside until you can properly dispose of it. Old and abandoned appliances are a safety risk for children, who may decide to climb inside and could get trapped. 

Holes or piles of dirt

As a homeowner, you may receive a delivery of dirt or mulch for an upcoming landscaping project. Large holes in your yard or piles of dirt, sand, or mulch are considered attractive nuisances and can create hazardous conditions. A child could fall into a hole, ditch, or trench on your land and injure themselves, or a pile of dirt or sand could trap them if it shifts.

Understanding the attractive nuisance doctrine

The attractive nuisance doctrine means that homeowners need to treat uninvited children the same as if they were invited guests on the property. Homeowners need to exercise reasonable expectations of safety, and it’s their duty to eliminate any potential dangers and display adequate warnings on their property. You may face legal action if a child injures themselves on your property from an attractive nuisance.^[1]

Every case is different, and each state interprets the attractive nuisance doctrine differently. For example, Indiana doesn’t consider swimming pools an attractive nuisance (unless they pose some hidden danger) because its judicial system believes that children are generally aware of the danger of drowning.^[1]

But states and courts generally use the following conditions to qualify an attractive nuisance:

• A potentially dangerous condition exists on the property.

• The landowner created or maintained the potential danger.

• The landowner should have known the condition would attract children.

• The landowner should have known the condition could harm children.

• The landowner neglected to exercise reasonable care to eliminate the attractive nuisance or protect the children.

Property owners with attractive nuisances are liable for any physical harm that occurs to children on their property, regardless of whether the child was invited or uninvited.^[1]

What is a non-maintained attractive nuisance?

A non-maintained attractive nuisance refers to natural environment features that are outside of the control of the landowner. These are elements that a homeowner can’t necessarily maintain, such as hills, ponds, and other natural features.

Examples of such non-maintained nuisances include:

• Hills

• Lakes

• Ponds

• Cliffs

• Trees with low-hanging branches

• Small choking hazards (acorns, pebbles)

• Carbon monoxide poisoning (when a working detector was present)

• Smoke inhalation (when a working smoke alarm was present)

Attractive nuisance laws typically apply only to unsafe conditions that are man-made or maintained through effort. Homeowners aren’t generally liable for accidents stemming from non-maintained attractive nuisances.

What is an obvious danger?

Obvious dangers, such as clearly labeled poisonous chemicals, fires, sharp objects, and wild animals, aren’t considered attractive nuisances because they’re obvious risks to a reasonable person.^[4] A property owner can’t be held liable if a guest on the property encounters an obvious danger and gets injured.

But if the property owner is aware of the obvious danger and doesn’t take precautions to remove it or provide adequate warnings, they can be held liable. This is especially important in the case of young children who may not recognize the danger.

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How can you protect yourself from liability?

Homeowners insurance generally covers attractive nuisances up to your policy limits. But as a homeowner, your insurer may require you to take steps to reduce the risks of hazards on your property.

The following tips can help you protect yourself from liability if an attractive nuisance is present on your property:

• Surround the pool. Install a fence (at least four feet tall) around your pool. The fence should include a locking gate. Pool alarm systems exist that detect when someone enters the pool. If you use chemicals to treat your pool, keep them safely stored out of the reach of children. 

• Add a net for the trampoline. Install a safety net for your trampoline if it doesn’t already have one. Choose a level space in your yard for your trampoline, free from other hazards.

• Choose your treehouse location carefully. Build your treehouse away from dangers, like electrical wires. Create a safe climbing system, such as a permanent wood ladder.

• Protect other water features. Keep hot tubs covered when not in use. Add a lock or alarm system for added protection. Inform guests of any hazards on your property, like wells or tunnels. You can also consider blocking these features from entry to prevent potential hazards. 

• Store heavy equipment and power tools. Put away power tools and heavy equipment in an enclosed garage or locked shed when not in use. 

• Monitor playground equipment. Supervise children when they’re using playground equipment. You can also consider installing a fence with a lock or alarm around your yard or the playground.

• Implement warning signs. Adding warning and trespassing signs won’t absolve you from liability but can help provide a safer environment. 

• Conduct regular inspections. Routinely inspect your property, looking for potential hazards. Inspect fences, gates, latches, locks, and other safety devices to ensure they work.

• Inform everyone. Let guests on your property know of any potential dangers present and provide supervision to ensure children don’t access or use home features in an unsafe manner. 

Attractive nuisance FAQs