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The Peril of the Attractive Nuisance

The Peril of the Attractive Nuisance

The pretty fountain you installed to make your property more attractive. The old car you’ve been meaning to have towed away. The swimming pool you worked hard to afford for your family to enjoy.  All of these may be considered “attractive nuisances”. If you think that sounds like a bad thing, you would be right. So what is an attractive nuisance, what are the consequences of having one, and what can you do about it? What Determines An Attractive Nuisance An attractive nuisance is something that may exist on your personal or business property. It is usually an artificial object, and may have gone unnoticed by you because it has become part of the landscape. Children can always spot an attractive nuisance. They look at the world with different eyes, and a hole in the fence may become the gateway to a different world. An abandoned chest freezer may become a rocket ship. A swimming pool looks inviting on a hot day. As a legal definition, the Attractive Nuisance Doctrine has 5 parts: You know there are children around who might trespass on your property. You know children may be at risk of injury if they enter your property. The children are too young to recognize the risks posed by being on your property. You can fix the problem for a reasonable cost. You have done nothing to fix the problem. When these 5 conditions exist, the landowner is considered legally liable for the injury or death of a child on their premises. The state of California did away with the Attractive Nuisance Doctrine in 1970, but replaced it...