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What is an attractive nuisance?

On Behalf of | Aug 17, 2021 | Personal Injury

Homeowners, and even renters, must be aware of the dangers on their properties. For example, not repairing the driveway’s cracks, and failing to sweep away leaves on the sidewalk could lead to slip-and-fall accidents. Some Virginia properties may have “attractive nuisances” that leave owners and renters facing personal injury suits. Unlike common premises liability issues, fewer people may understand what attractive nuisances involve.

Understanding attractive nuisances

An attractive nuisance is a feature located on a property that draws children and exposes them to danger. A swimming pool swing set or a trampoline represent two examples of attractive nuisances. Leaving a gate open, and not putting any protective barriers around an attractive nuisance may open a property owner up to liability claims.

Homeowners should realize that even though children may trespass onto their properties, they may still be liable for any accidents that result. An adult may ignore a “no trespassing” sign, hop over a fence and suffer an injury in a home’s swimming pool. The injured party could have a challenging time winning a personal injury lawsuit, though. This may not be the case when a young child does the same thing. Children may not know any better, so the burden of care shifts to an adult.

Negligence, insurance, and attractive nuisances

A homeowner or renter’s insurance policy may cover losses associated with attractive nuisances. However, the policy may require disclosures or come with exclusions. A homeowner may not realize that a policy won’t cover costs associated with a newly acquired trampoline.

A lawsuit may go forward regardless of the property owner or renter’s insurance situation. Ultimately, when someone is negligent for any reason, financial consequences may follow.