attractive nuisance

Attractive Nuisance – Why Pools and Other Backyard Activities May Create Liability

As I write this, I’m here on vacation in Stone Harbor, NJ staying at a home that has a beautiful pool. This pool has a fence and a number of warning signs surrounding it.  Yet, in the right situation, it could still be considered an “attractive nuisance”.

What is an Attractive Nuisance?

In short, an attractive nuisance is anything, including a pool, that exists on your property that might attract and injure children.  Accordingly, an unsecured swimming pool is one of the most likely sources of liability on a landowner’s property.

In order for something to qualify as an attractive nuisance, it must meet five criteria:

  • It is reasonable to believe that the structure will entice children to trespass.
  • The property owner understands (or should understand) the risk the structure poses to children.
  • The risk must be one that children cannot comprehend.
  • Eliminating the risk is relatively inexpensive.
  • The property owner does not exercise reasonable care to eliminate the risk.

Not Just Swimming Pools

A rickety swing set, trampoline or other common yard equipment, depending on the circumstances, may also qualify as attractive nuisances.

If you have questions regarding an attractive nuisance, contact the attorneys at Mobilio Wood today for a free consultation!


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