An attractive nuisance is something that could be very dangerous to children, perhaps leading to catastrophic injuries, that is located on someone’s property. Even if the children should not trespass on that property, the homeowner may be liable for injuries that occur if they did not do enough to keep the children safe.
Say, for instance, that a homeowner installs a pool. They have neighbors but no fence. They put up signs on the pool deck that say, “No trespassing” and “No swimming” and assume that covers them from liability. Then, while they are out of town one day, a 3-year-old neighbor wanders onto the property and falls into the pool.
The homeowner may argue that it’s not their fault. They put up signs, and the child shouldn’t have been there to begin with. However, the court could find them liable since they did not have anything — like a fence with a locking gate — to actually prevent the incident from happening.
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