attractive nuisance

Attractive Nuisance

A feature, especially a dangerous one, on a property that outsiders may be encouraged to abuse, perhaps to their detriment. For example, a trespasser may be tempted to jump off a bridge into a pond. Property owners generally have the responsibility to take reasonable measure to prevent attractive nuisances from being mistreated.

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attractive nuisance

A concept in tort law holding that if a person creates or allows a condition to exist on his or her property that a reasonably prudent person would know presents a danger to children, then that person must take steps to protect children of tender years from the condition, especially if it is something known to be attractive to small children.Liability can also be imposed if someone creates such a condition on someone else's property or even in a public place. Examples would be a swimming pool on one's own property,a rope swing installed by a private individual over a pond in a public park,or even an old refrigerator dumped by the side of the road in a rural area,but which could trap and suffocate children inside.Many courts hold that an artificial body of water,such as a pool,is an attractive nuisance but a natural one,such as a pond,is not.

The Complete Real Estate Encyclopedia by Denise L. Evans, JD & O. William Evans, JD. Copyright © 2007 by The McGraw-Hill Companies, Inc.