attractive nuisance


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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.

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.

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An attractive nuisance doctrine may apply to children to protect them from hidden, attractive dangers.
This introduces an efficiency rationale for attractive nuisance, as they point out in their last sentence.
One downtown businessman called the mall restroom "an attractive nuisance" and said it was used by "young people who hang out downtown," "old people who hang out downtown," "the bums, young and old," and "those people who require lookouts."
By not properly housing his animals, Schetzlse set up an "attractive nuisance" guaranteed to attract predators who, like children, don't recognize property boundaries.
"I strongly support the Main South Alliance for going after him." She said the owner has left his building an "attractive nuisance for violators."
Are ropes course elements secure from being an attractive nuisance? Have warning signs been posted if there are any areas or problems of which people should be aware?
The house "especially being empty is starting to become an attractive nuisance," he said.
It would not be staffed 24 hours a day, causing Selectman Michael Potaski to question if it would not be "an attractive nuisance" to loiterers.
"It was an attractive nuisance, as it turns out," said Jeff Ziller, district fish biologist for the Oregon Department of Fish and Wildlife's Southern Willamette Watershed.
Finally, I wonder what New York City Mayor Michael Bloomberg would think if the mayor of say, Munford, Tenn., population 4,708, citing The Big Apple as an attractive nuisance wherein upstanding Munford youth visit or relocate and, because of illegal activity on its streets, become defiled and broken, sent a posse of private investigators to New York to document and then sue the alleged perpetrators who ostensibly caused the alleged injuries to the Munford youths.
Avery has urged denial of the group's request, calling the proposed market an "attractive nuisance" and unfair to local businesses who must "meet strict zoning, building, fire safety and public safety codes." Avery cited recent news reports about drug dealing and "other undesirable activities" near Eugene's Saturday Market, and charged that allowing an open air market on city-owned property would tell "all of the other taxpayers in Junction City that we are going to tax you so we can subsidize your competition."
A tower so close to a school becomes an attractive nuisance: it's only a matter of time before a child decides the tower would be fun to climb.