What Is an Attractive Nuisance?

When your new neighbor starts setting up a playground, swimming pool, or even inflatable holiday decorations, you may begin to worry that your child may notice these items and decide to wander into their yard. Children are naturally curious, meaning anything new, big, shiny, or exciting can cause them to run into someone else’s yard to get an up-close view or even to touch the items.

While homeowners are typically allowed to purchase whatever they want for their property and yard, it is important for them to understand that certain items can become attractive nuisances. They often attract children onto their property, which can also create a dangerous situation or accident that causes a child injury.

How is attractive nuisance defined?

An attractive nuisance is a condition on a landowner’s property that is particularly attractive to children and may entice them to the land and pose a risk to their safety. If a property or landowner possesses items that draw children’s attention, they may need to take steps to secure those items. Here are a few examples of attractive nuisances you may have seen around Tulsa:

• Swimming pools or hot tubs
• Fountains
• Man-made ponds, lakes, or other bodies of water
• Animals
• Trampolines
• Treehouses
• Construction machinery, such as a tractor, bulldozer, excavator, etc.
• Lawnmowers
• Wells
• Inflatables (bounce house, inflatable slide, inflatable pool, etc.)
• Holiday decorations (spooky Halloween decorations, Christmas lights or inflatable decorations)
• Playgrounds, slides, or swing sets
• Weapons
• Tools (hammers, saws, power drill, etc.)
• Bicycles, power wheels, scooters, or other toys
• Basketball goal, soccer goal, weight bench, treadmill, or other exercise and athletic equipment

What are the responsibilities of a property owner in terms of attractive nuisances?

Even though property owners can usually have anything they desire on their land or around their homes, it is their responsibility to adequately secure these items or to take steps so that children cannot access them. Failing to take adequate precautions may cause a property owner to face liability if a child accesses the object and becomes hurt in an accident involving the attractive nuisances on their property.

While some property or landowners may think that they can simply place a sign up around their property warning neighbors, this will likely not keep them from facing liability for an accident, as many children are unable to read or do not take the time to read or comprehend what a sign says. Here are a few examples of ways that a property owner may be able to secure their items or ensure that they cannot be accessed by children:

• Installing a large fence around the property, swimming pool, treehouse, or other items
• Installing and activating an alarm around the property, swimming pool, hot tub, or items
• Locking up their lawnmower, power tools, or other items
• Placing ladders, tools, lawnmowers, bicycles, and other items in a garage, shed, or building immediately after each use
• Draining ponds, swimming pools, hot tubs, or fountains when they leave the home, go on vacation, or when they are not in use
• Keeping an animal in a cage or fence and taking them inside when they leave the home or go inside
• Storing weapons and other items in a safe with a lock or code

At a minimum, property owners should look for potential hazards that pose a risk of someone slipping and falling or becoming hurt if they have items on their property that could attract curious children.

What if my child is involved in an accident or hurt on a person’s property in Tulsa?

Property owners can be found liable for injuries that happen to children while on their property if they do not take the necessary steps to prevent the children from becoming injured or fail to remove items that entice the children to go onto their property. If your child was involved in an accident or hurt on another person’s property due to an attractive nuisance, you may be eligible to file a premises liability claim and obtain compensation for your and your child’s losses. To have a viable premises liability claim on the theory of attractive nuisance, the following must be shown;

• The property owner was aware that their items or objects enticed or drew children’s attention.
• The property owner knew that the items, objects, or their property could cause a risk or hazardous situation for children.
• The property owner realized that certain steps could’ve and should’ve been taken to minimize these risks or hazards.
• The property owner failed to take these steps or did not remove the item or object from their property to reduce the risks or prevent the children from entering their property.
• As a result, your child became hurt or injured on the owner’s property.

How does trespassing play a role?

When a person files a premises liability claim, they usually can only seek compensation or hold the property owner accountable if they were invited or welcomed onto the premises. Therefore, most parents may assume they cannot file a premises liability claim if their child darted toward the property, trespassed, and became hurt while looking at the object that interested them.

However, under the attractive nuisance doctrine, property owners should treat trespassing children as if they were “invitees.” As a result, if a child trespassed onto a neighbor’s property because they saw a new trampoline, skateboard, or animal and suffered an injury, the property owner could still be liable for the accident and injury.

The Tulsa premises liability attorneys at Biby Law Firm Injury and Accident Lawyers know and understand how stressful, frustrating, and overwhelming it can feel when your child becomes harmed on another person’s property. We have experience helping our clients protect their rights and secure justice. If you believe that the attractive nuisance doctrine applies to your premises liability claim, please call our office or submit our contact form to schedule a free consultation with one of our lawyers in Tulsa today.