An “Attractive Nuisance” On Your Property Could Be Deadly

The overly friendly neighbor who constantly stops by to chit-chat, may be attractive… but they’re not the kind of “attractive nuisance” we’re about to describe in this article. Actually, in legal terms, an attractive nuisance is something else entirely – a dangerous situation or hazardous condition that can lead to lifelong harm for innocent children, and that could leave you and your family devastated if you happen to own one, or if your child happens to become a victim of one at someone else’s house. Let us explain:

The always helpful Cornell Law School dictionary of legal terms states that an “attractive nuisance is a dangerous condition on a landowner’s property that may particularly attract children onto the land and pose a risk to their safety.”

The legal experts at Cornell go on to note that laws protecting children from dangers considered to be attractive nuisances actually “impose a duty on property owners to treat trespassing children the same as an invitee” and require homeowners to “exercise reasonable care to eliminate potential dangers or provide adequate warning.”

And you’d be very wise to take that advice seriously if for no other reason than to be sure your homeowner’s insurance company honors any liability claims that might occur should someone be unexpectedly injured on your property. That’s because insurance companies are all about minimizing risk. Which is why, when you applied for your homeowner’s policy, you probably had to answer probing questions asking you if your home has a swimming pool… or if you own certain breeds of dogs known to be aggressive… or if you have a backyard trampoline to keep the kids busy. All those items (and more) could constitute attractive nuisances by luring children onto your property while posing a significant danger to them at the same time. And it doesn’t matter if those children are there without your permission. The attractive nuisance doctrine makes no exception for trespassers who are underage, since minor children can’t always be expected to read “no trespassing signs” (or to obey them, for that matter). 

Attractive Nuisances Are Nearly Everywhere

It’s not a myth that attractive nuisances and the hazards they present to young children are quite commonplace across Michigan. Consider just a few recent examples:

• Last June, a five-year-old boy drowned in a swimming pool in rural Ingham County. Other tragic drownings of small children have taken place multiple times in pools across the state in recent years, and there have been numerous near-drownings in Michigan pools as well.
• A Michigan teen was caught on a now-viral video seriously injuring himself while attempting a risky backyard trampoline trick. Similar trampoline-related injuries occur so regularly that Dr. Ahmed Bazzi, a pediatric orthopedic surgeon at the Children’s Hospital of Michigan, said that the “risk absolutely outweighs” the benefits of encouraging children to play outside on trampolines rather than pursuing less dangerous activities. In an article published in Metro Parent, Dr. Bazzi noted that, “on a typical summer weekend, I am almost guaranteed to have (to see a child) that needs surgery from either trampolines or monkey bars.”
• This February a five-year-old boy in Dearborn Heights was mauled by a neighbor’s German shepherd and pit bull. The dogs’ owner was ticketed by local police. And last fall, an autistic boy was brutally attacked by dogs in Roseville, leaving him with injuries from which it might take years to fully recover. (And, by the way, according to the U.S. Postal Service, Michigan has the dubious honor of being one of America’s 10 worst states for dog bite incidents.)

How Do “Attractive Nuisance” Cases Differfrom Other Premises Liability Situations?

As you might know, the most common type of premises liability accident happens when someone gets hurt by slipping and falling due to such hazards as icy sidewalks, spilled water, or poor floor maintenance. But premises liability cases also result from circumstances similar to those we’ve already mentioned here. The difference between typical premises liability cases and those designated as “attractive nuisance” cases is that the latter are situations specifically involving children. And because kids are especially vulnerable to injuries due to their small size, might not be able to read warning signs, and are typically unaware of the dangers posed by swimming pools, trampolines, treehouses, abandoned properties that aren’t properly boarded-up or otherwise secured, or other similar attractions, these cases are often genuinely tragic – leaving innocent kids traumatized for life … or worse, the victims of wrongful death.

How to Prevent an Attractive Nuisance from Ruining Lives

Here are a few suggestions that could help children avoid getting hurt on your property. Please take the time to put these safeguards in place so you don’t find yourself not only facing a personal injury trial, but also suffering from the guilt of having an innocent kid get hurt when it could have been easily prevented.

• If you have a pool, build a fence and post signs around it to discourage unauthorized use. If possible, install cameras that can send you a warning if trespassers enter the pool enclosure. (By the way, we’ve also published another must-read article offering some great safety advice for pool owners.)
• If you own a dog, carefully consider the breed you decide to bring into your home. Also, Michigan has banned private ownership of certain exotic animals including wolf-dog hybrids, lions, tigers, cougars, cheetahs, leopards, jaguars, panthers, and bears, all of which could definitely fall into the category of “attractive nuisances” by enticing neighborhood children to climb fences to see them or approach them too closely.
• If you’d like your kids to have a fun day bouncing on a trampoline, take them to a professional jumping facility rather than hosting the neighborhood on your backyard equipment. (Michigan has a specific law in place to help protect the safety of people who visit commercial trampoline facilities!)

Finally, if your own child does happen to get hurt in any situation typically considered an “attractive nuisance” we might be able to help. Our premises liability team has wide-ranging experience in these kinds of cases, and stands ready to advise you on your rights in these circumstances. Don’t hesitate to get in touch with us by phone at 855-MIKE-WINS or contact us online right here. It’s the right thing to do to protect your child from a lifetime of pain and suffering caused by an attractive – but needlessly dangerous or deadly – nuisance.