An Overview of Attractive Nuisance Injury Claims

The attractive nuisance doctrine holds property owners liable for injuries to trespassers. Learn how the doctrine applies before you use it to seek compensation. Below is a brief overview of attractive nuisance doctrine.

Meaning and Examples of Attractive Nuisance

An attractive nuisance is anything that children find attractive but can harm them. Examples of attractive nuisance include:

• Discarded appliances, such as washing machines
• Abandoned automobiles, such as a junk car
• Holes on the ground, such as disused wells
• Water bodies, such as swimming pools and ponds
• Stacks of items, such as containers

As you can see, an attractive nuisance can be anything — including things that adults don't necessarily find attractive.

Proving Property Owner's liability

Property owner liability is not automatic for all injuries that attractive nuisances cause. Below are some of the factors that determine the property owner's liability.

The Nature of the Nuisance

Most courts in New Jersey don't hold property owners liable for injuries that natural attractive nuisances cause. For example, a court might reject your injury claim if your child slips and falls into a natural pond. However, a claim based on a swimming pool injury is possible.

The Property Owner's Knowledge

The attractive nuisance should be something the property owner knows or should know about. For example, a property owner should know if they have a trampoline on their property. Thus, the doctrine of attractive nuisance applies to trampoline injuries.

The Property Owner's Precautions

No one can eliminate all the dangers on their property. Moreover, even the most mundane things can harm children. Thus, a property owner who does everything possible to keep their property safe might not be responsible for injuries that attractive nuisances might cause.

Consider a case where a pool owner fences the pool, installs a lockable gate and warns against unauthorized swimming. If neighborhood kids still find a way into the pool and get hurt, the pool owner might escape liability for the same.

The Obviousness of the Danger

Some dangers are so obvious that you don't expect any child to play with them. For example, the danger of a barbed-wire fence is obvious. Thus, a property owner might not be liable for injuries that barbed wires on their property cause.

The Age of the Child

The doctrine of attractive nuisance apples because children usually can't distinguish between safe and dangerous conditions. However, as children grow, their experiences, awareness, and knowledge increase, and they start to spot and avoid dangers.

For example, a toddler might lock themselves inside a refrigerator because they don't recognize the danger. However, a teenager knows or should know the danger of such an act. Thus, if a teenager and a toddler suffer injuries inside refrigerators, the refrigerator owner might be liable for the toddler's injuries but not the teenager's injuries.

The Adult Question

The legal principle of attractive nuisance only applies to minors. An adult who sneaks into a neighbor's pool and drowns cannot use the legal principle to seek damages. The rationale is that adults can distinguish between safe and dangerous conditions, and avoid the dangerous ones.

However, an exception exists for adults who get hurt while attempting to rescue children in distress. Consider a case where you see a child drowning in a pool and jump in to save them. In such a case, both you and the child can claim damages under the attractive nuisance doctrine.

As you can see, the attractive nuisance doctrine only applies to specific cases. Borbi, Clancy & Patrizi has the resources, experience, and skills to review and pursue your damages. If your child has suffered an injury on another person's property, contact us to evaluate the case and advise you.