Is there an age limit under the attractive nuisance doctrine?

Attractive nuisance laws vary by state and case. Generally, the attractive nuisance doctrine applies to children 12 years of age and younger but may include teenagers depending on the circumstances. Texas, however, has no age limit.

How does an attractive nuisance affect your homeowner’s insurance premiums?

Attractive nuisances generally fall under your home’s liability coverage, but if you add water features or other attractive nuisances to your property, you should add more liability coverage to protect yourself. Home insurance premiums often increase after adding a swimming pool or other high-risk features. Some insurance companies may refuse coverage completely.

Will signs protect you from an attractive nuisance lawsuit?

No. Adding warning or trespassing signs will not reduce your liability if an attractive nuisance injures someone on your property.

What five factors do plaintiffs need to show to prevail under the attractive nuisance doctrine?

Plaintiffs need to prove five specific actions to win a case under the attractive nuisance doctrine:1. The landowner knows or has reason to know that children are likely to trespass.2. The landowner knows or has reason to know the attractive nuisance will subject any children to unreasonable risk or bodily harm.3. The children didn’t realize the risk of the attractive nuisance.4. The burden of maintaining or eliminating the attractive nuisance is significantly less for the landowner than the risk of injury for children.5. The landowner doesn’t exercise reasonable care to eliminate the attractive nuisance or protect the children from serious bodily harm.

Is a dog an attractive nuisance?

It varies on a case-by-case basis in every state and judicial system. Some states don’t consider dogs an attractive nuisance because they can’t be “artificially constructed” on a property like a pool or a well. But an unsecured animal can be considered a nuisance if the owner doesn’t take reasonable care to secure the animal and warn any children near the animal.Some homeowners insurance will cover dog bites, some cover them but have breed restrictions, some require a waiver, and some don’t cover dog bites at all. Check with your insurer to determine whether your canine companion is covered.

Attractive Nuisance: What It Is and Why You Should Care

Common nuisances
Attractive nuisance doctrine
Non-maintained nuisance
Obvious danger
Liability protection
FAQs

Common nuisances
Attractive nuisance doctrine
Non-maintained nuisance
Obvious danger
Liability protection
FAQs

Attractive nuisances are features on your property or household items that are enticing to children to use, with or without permission, and that pose safety hazards. Common examples include pools, trampolines, treehouses, hot tubs, ladders, tools and construction equipment, fountains, wells, stairs, appliances, and unsecured weapons.

If you have an attractive nuisance on your property, you’re subject to legal action if a child is injured due to the attractive nuisance, whether they’re invited guests or children on your property.^[1]

As a homeowner, you’re responsible for providing a safe environment and taking reasonable precautions to prevent children from accessing attractive nuisances on your property.

Find Affordable Home Insurance

Liability insurance can help protect you from attractive nuisances

Secure. Free. Easy-to-use.

Based on 3,806+ reviews

4.8/5

Common attractive nuisances

Attractive nuisances include everyday, common items, and it’s important to address an attractive nuisance before an injury occurs.^[2] Prevention examples include putting locks on extra refrigerators or freezers, packing away and storing tools, securing and locking away any weapons, putting up safety fencing around a pool, removing ladders or construction equipment from your yard, and most importantly, supervising any children who are on your property.

The most common attractive nuisances are:

Swimming pools

Swimming pools and other water features, like hot tubs and wells, present serious hazards for children. Homeowners are liable for accidents if a child sneaks into their pool without permission and injures themselves or drowns.

Construction sites and equipment

New home construction, additions, and other construction projects are dangerous to curious kids who wander onto your property. Construction sites include several hazards dangerous for children, including holes, nails and screws, stairs, and unprotected landings. Heavy construction equipment left unattended can also be a safety concern for children who trespass on your property.

Learn More: How Much Home Insurance Do You Need?

Playground equipment

Few home features draw kids’ attention more than playground equipment. Examples of playground equipment that insurers consider to be attractive nuisances include jungle gyms, trampolines, zip lines, treehouses, skateboard ramps, and playhouses.

The most common playground injuries include broken bones, sprains, dislocations, and concussions. Adult supervision is the best way to prevent any injuries.^[3]

Old appliances

Say you recently replaced your refrigerator or dishwasher and decided to store the old appliance outside until you can properly dispose of it. Old and abandoned appliances are a safety risk for children, who may decide to climb inside and could get trapped.

Holes or piles of dirt

As a homeowner, you may receive a delivery of dirt or mulch for an upcoming landscaping project. Large holes in your yard or piles of dirt, sand, or mulch are considered attractive nuisances and can create hazardous conditions. A child could fall into a hole, ditch, or trench on your land and injure themselves, or a pile of dirt or sand could trap them if it shifts.

Understanding the attractive nuisance doctrine

The attractive nuisance doctrine means that homeowners need to treat uninvited children the same as if they were invited guests on the property. Homeowners need to exercise reasonable expectations of safety, and it’s their duty to eliminate any potential dangers and display adequate warnings on their property. You may face legal action if a child injures themselves on your property from an attractive nuisance.^[1]

Every case is different, and each state interprets the attractive nuisance doctrine differently. For example, Indiana doesn’t consider swimming pools an attractive nuisance (unless they pose some hidden danger) because its judicial system believes that children are generally aware of the danger of drowning.^[1]

But states and courts generally use the following conditions to qualify an attractive nuisance:

A potentially dangerous condition exists on the property.
The landowner created or maintained the potential danger.
The landowner should have known the condition would attract children.
The landowner should have known the condition could harm children.
The landowner neglected to exercise reasonable care to eliminate the attractive nuisance or protect the children.

Property owners with attractive nuisances are liable for any physical harm that occurs to children on their property, regardless of whether the child was invited or uninvited.^[1]

What is a non-maintained attractive nuisance?

A non-maintained attractive nuisance refers to natural environment features that are outside of the control of the landowner. These are elements that a homeowner can’t necessarily maintain, such as hills, ponds, and other natural features.

Examples of such non-maintained nuisances include:

Hills
Lakes
Ponds
Cliffs
Trees with low-hanging branches
Small choking hazards (acorns, pebbles)
Carbon monoxide poisoning (when a working detector was present)
Smoke inhalation (when a working smoke alarm was present)

Attractive nuisance laws typically apply only to unsafe conditions that are man-made or maintained through effort. Homeowners aren’t generally liable for accidents stemming from non-maintained attractive nuisances.

What is an obvious danger?

Obvious dangers, such as clearly labeled poisonous chemicals, fires, sharp objects, and wild animals, aren’t considered attractive nuisances because they’re obvious risks to a reasonable person.^[4] A property owner can’t be held liable if a guest on the property encounters an obvious danger and gets injured.

But if the property owner is aware of the obvious danger and doesn’t take precautions to remove it or provide adequate warnings, they can be held liable. This is especially important in the case of young children who may not recognize the danger.

Find Affordable Home Insurance

Comparing rates could unlock savings and discounts

Secure. Free. Easy-to-use.

Based on 3,806+ reviews

4.8/5

How can you protect yourself from liability?

Homeowners insurance generally covers attractive nuisances up to your policy limits. But as a homeowner, your insurer may require you to take steps to reduce the risks of hazards on your property.

The following tips can help you protect yourself from liability if an attractive nuisance is present on your property:

Surround the pool. Install a fence (at least four feet tall) around your pool. The fence should include a locking gate. Pool alarm systems exist that detect when someone enters the pool. If you use chemicals to treat your pool, keep them safely stored out of the reach of children.
Add a net for the trampoline. Install a safety net for your trampoline if it doesn’t already have one. Choose a level space in your yard for your trampoline, free from other hazards.
Choose your treehouse location carefully. Build your treehouse away from dangers, like electrical wires. Create a safe climbing system, such as a permanent wood ladder.
Protect other water features. Keep hot tubs covered when not in use. Add a lock or alarm system for added protection. Inform guests of any hazards on your property, like wells or tunnels. You can also consider blocking these features from entry to prevent potential hazards.
Store heavy equipment and power tools. Put away power tools and heavy equipment in an enclosed garage or locked shed when not in use.
Monitor playground equipment. Supervise children when they’re using playground equipment. You can also consider installing a fence with a lock or alarm around your yard or the playground.
Implement warning signs. Adding warning and trespassing signs won’t absolve you from liability but can help provide a safer environment.
Conduct regular inspections. Routinely inspect your property, looking for potential hazards. Inspect fences, gates, latches, locks, and other safety devices to ensure they work.
Inform everyone. Let guests on your property know of any potential dangers present and provide supervision to ensure children don’t access or use home features in an unsafe manner.

Attractive nuisance FAQs

Deciphering what an attractive nuisance is and if you’re liable for one can be difficult. Below are answers to some common questions about attractive nuisances.

Is there an age limit under the attractive nuisance doctrine?
Attractive nuisance laws vary by state and case. Generally, the attractive nuisance doctrine applies to children 12 years of age and younger but may include teenagers depending on the circumstances. Texas, however, has no age limit.
How does an attractive nuisance affect your homeowner’s insurance premiums?
Attractive nuisances generally fall under your home’s liability coverage, but if you add water features or other attractive nuisances to your property, you should add more liability coverage to protect yourself. Home insurance premiums often increase after adding a swimming pool or other high-risk features. Some insurance companies may refuse coverage completely.
Will signs protect you from an attractive nuisance lawsuit?
No. Adding warning or trespassing signs will not reduce your liability if an attractive nuisance injures someone on your property.
What five factors do plaintiffs need to show to prevail under the attractive nuisance doctrine?
Plaintiffs need to prove five specific actions to win a case under the attractive nuisance doctrine:
1. The landowner knows or has reason to know that children are likely to trespass.
2. The landowner knows or has reason to know the attractive nuisance will subject any children to unreasonable risk or bodily harm.
3. The children didn’t realize the risk of the attractive nuisance.
4. The burden of maintaining or eliminating the attractive nuisance is significantly less for the landowner than the risk of injury for children.
5. The landowner doesn’t exercise reasonable care to eliminate the attractive nuisance or protect the children from serious bodily harm.^[1]
Is a dog an attractive nuisance?
It varies on a case-by-case basis in every state and judicial system. Some states don’t consider dogs an attractive nuisance because they can’t be “artificially constructed” on a property like a pool or a well.^[5] But an unsecured animal can be considered a nuisance if the owner doesn’t take reasonable care to secure the animal and warn any children near the animal.^[6]
Some homeowners insurance will cover dog bites, some cover them but have breed restrictions, some require a waiver, and some don’t cover dog bites at all. Check with your insurer to determine whether your canine companion is covered.^[7]

Sources

Cornell Law School. "attractive nuisance doctrine."
Nolo. "Attractive Nuisance Doctrine Definition."
OrthoInfo. "Playground Safety Guide."
FindLaw. "What Is the Open and Obvious Defense?."
Dog Bite Law. "Attractive nuisance."
KBG Law. "What Is Considered an Attractive Nuisance?."
III. "Spotlight on: Dog bite liability."

Kevin Payne

Kevin Payne is a freelance writer and family travel and budget enthusiast behind FamilyMoneyAdventure.com. His work has been featured in Forbes Advisor, CreditCards.com, Bankrate, SlickDeals, Finance Buzz, The Ascent, Student Loan Planner, and more. Kevin lives in Cleveland, Ohio with his wife and four teenagers.

Learn More

Edited bySara GetmanAssociate Editor

Sara GetmanAssociate Editor

Sara Getman is an Associate Editor at Insurify and has been with the company since 2022. Prior to joining Insurify, Sara completed her undergraduate degree in English Literature at Simmons University in Boston. At Simmons, she was the Editor-in-Chief for Sidelines Magazine (a literary and art publication), and wrote creative non-fiction.

Outside of work, Sara is an avid reader, and loves rock climbing, yoga and crocheting.

Read Editorial Guidelines

View Full Bio