It seems like a funny term, but an attractive nuisance is no laughing matter, especially when it concerns your child. You and other Georgia residents need to understand this legal issue, both for your children’s protection and your own potential liability.
FindLaw explains that an attractive nuisance is something on someone’s property that is potentially dangerous and can entice children. An attractive nuisance is something that you, as a reasonable person, would suspect is dangerous for children, yet little or nothing was done to prevent children from being harmed. A homeowner, for example, may reason that children have no business going onto his property without permission and, therefore, it is not his responsibility if they get hurt.
However, the law doesn’t see it this way. As you know, children are curious and they don’t always follow the rules, especially very young children or kids who are influenced by their peers. Swimming pools are the most obvious example, but an attractive nuisance could also be an aggressive dog chained in the yard, a riding lawnmower or power tools, an uncovered well or a refuse pit. Homeowners need to take reasonable measures to prevent children from accessing attractive nuisances, such as locking up power tools, putting a high fence around a swimming pool and installing danger signs.
If your child is harmed by a dangerous feature on someone else’s property that the homeowner failed to safeguard, the owner may be held liable for your related medical expenses and losses. This information is not meant to replace the advice of a lawyer.