Five Hazards that Put Your Home and Assets at Risk

June 26, 2023

The term “attractive nuisance” is a legal concept used in the field of insurance and tort law. It refers to a condition or object on a property that is likely to attract children and may potentially cause harm to them. The attractive nuisance doctrine holds the property owner responsible for injuries sustained by children who trespass on their property due to the allure of the dangerous condition.

Most homeowners are very prudent by installing safety features such as locking gates, approved fencing and providing adult supervision etc. Unfortunately, these efforts don’t prevent an accident so protect yourself with adequate coverage on your insurance policies. Remember even if the suit against you is unsuccessful your policies pay for defense coverage.

Determining if an Attractive Nuisance is Present

To qualify as an attractive nuisance, the following conditions must generally be met:

  1. The property owner must be aware, or should reasonably be aware, that the condition or object poses a risk of harm to children.
  2. The property owner must know, or have reason to know, that children are likely to trespass on the property. (Consider how tempting and easy it is for an agile skateboarder to get over your fence to test out a ramp in your yard.)
  3. The potential danger of the condition or object must be significant compared to the difficulty of eliminating or securing it.
  4. The injured child must be too young to understand the risks involved.

Examples of Attractive Nuisance

Here are five common attractive nuisances. This list is not all-inclusive.

  1. Swimming pools: Unsecured swimming pools are a common example of attractive nuisances. If a property owner has a pool but fails to install proper fencing or other safety measures, it can be considered an attractive nuisance. Children may be enticed to enter the pool area and could potentially drown or suffer injuries.

The CDC reports that accidental drowning is one of the leading causes of death among children in the United States. Drowning is the second leading cause of death among children between the ages of 1 and 14.

  1. Construction: Construction for home renovations or a new home being built often have heavy machinery, dangerous tools, and hazardous materials that can attract children’s curiosity. Both types become the responsibility of the owner/ homeowner and need adequate limits of liability protection. If a property owner fails to secure the construction site properly, it can be considered an attractive nuisance, and children may enter the area and injure themselves.
  2. Abandoned vehicles or machinery: Old cars, machinery, or appliances left on a property can be enticing to children. Climbing on or inside these objects can result in injuries such as cuts, falls, or getting trapped.
  3. Playgrounds or play equipment: While playgrounds are meant for children, if they are poorly maintained, damaged, or contain hazardous equipment, they can become attractive nuisances. Children may be enticed to play on the equipment, leading to potential injuries like falls, entrapment, or collisions.

An estimated 64,500 children ages 5-19 are treated in U.S. hospital emergency departments for skateboard-related injuries each year, according to Nationwide Children’s Hospital.

  1. Trampolines: Trampolines can be appealing to children, but they also pose a risk of injury if not properly secured or supervised. If a property owner has an unsecured trampoline, it may be considered an attractive nuisance.

Over 800,000 children under age 16 sustained trampoline injuries in the U.S. between 2009 and 2018, according to a 2022 report published in Pediatric Emergency Care. Most of these injuries occurred at the children’s own homes.

Protect Your Personal Assets from an Attractive Nuisance Claim

It’s important for property owners to take reasonable steps to eliminate or minimize the risks associated with attractive nuisances to prevent potential injuries and legal liabilities.

Have your agent review your liability coverage on your homeowner policy. If you have these attractive nuisances, consider increasing your homeowner liability coverage to $500,000 and purchase a personal umbrella policy (Excess Liability).

You cannot predict when an accident will occur, but having the right limits of coverage on your policies will protect your personal assets from a major claim if one occurs.

Have questions?

You can always contact the coverage experts at Blasius Personal Insurance for a free policy review. It costs you nothing and can make a huge difference protecting you if an attractive nuisance claim gets filed. Call us at 1-203-527-6002, or email us at info@blasiusinsurance.com, or contact us online at https://www.blasiusinsurance.com/contact/.