What is an attractive nuisance in insurance?

Asked by: Benjamin Fahey  |  Last update: February 19, 2022
Score: 4.5/5 (73 votes)

Attractive Nuisance Doctrine — a notable exception in the law relating to trespassers that imposes a special duty of care on a person maintaining an artificial condition on land which attracts children (e.g., a swimming pool).

What is an example of an attractive nuisance?

Cars, old appliances, sand and gravel piles and anything else that could attract the curious also can be considered attractive nuisances. Keeping your property junk-free and in reasonable repair can mitigate some of these issues.

What does the term attractive nuisance mean?

Definition. A dangerous condition on a landowner's property that may attract children onto the land and may involve risk or harm to their safety.

What does the term attractive nuisance or allurement mean?

Attractive nuisance is a dangerous condition on a landowner's property that may particularly attract children onto the land and pose a risk to their safety.

Does homeowners insurance cover attractive nuisance?

Attractive nuisances are covered under the liability portion of home insurance policies, which helps to pay for any injuries to others that occur on your property and for which you're found liable.

What Is an Attractive Nuisance in Home Insurance?

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Which is not an example of an attractive nuisance?

Non-Maintained Attractive Nuisances (Not Liable)

Non-maintained items that are not legally attractive nuisances are: Ponds. Lakes. Cliffs.

Is a swimming pool considered as an attractive nuisance?

The reason why a swimming pool or pond or reservoir of water is not considered an attractive nuisance was lucidly explained by the Indiana Appellate Court as follows: Nature has created streams, lakes and pools which attract children. Lurking in their waters is always the danger of drowning.

Why is attractive nuisance important?

The doctrine is designed to protect children who are unable to appreciate the risk posed by the object, by imposing the liability of the homeowner.

How can you protect yourself from attractive nuisance?

Block the view of the attraction. Put up warning signs. Second, consider your homeowner's or business owner's insurance. Talk to your agent about your specific concern and how to guard against the attraction both with and without insurance.

Does attractive nuisance apply to natural conditions?

An attractive nuisance is anything that may capture the interest of a child and attract the child to trespass onto land in order to investigate the object that is attracting them. An attractive nuisance is generally held as a condition of property that is not natural.

What qualifies as attractive?

The number one criteria for beauty according to scientists and researchers comes down to symmetry. A beautiful face exhibits perfect symmetry. ... Think proportionate when it comes to the body and face. The eyes should be proportionate to the head and face. Huge eyes on a small face appear out of proportion.

Is a swing set an attractive nuisance?

An attractive nuisance is a feature on a property that could attract the attention of a child, lure them in and then possibly lead to their harm. If you property contains things like treehouses, swing sets, swimming pools, fire pits, fountains or trampolines, these are considered attractive nuisances.

Is a dog an attractive nuisance?

Dangerous animals, or dogs not known to be dangerous, can present an "attractive nuisance." Many young children do not know how to behave around pets. ... Under the attractive nuisance doctrine, they may be able to recover for dog bites even if they were on the property illegally.

What are the 10 most common attractive nuisances?

  • Railroads -- The Nuisance that Started it All.
  • Swimming Pools.
  • Construction Sites.
  • Power Lines and High-Voltage Towers.
  • Manmade Ponds, Lakes and Fountains.
  • Discarded appliances.
  • Abandoned Automobiles.
  • Farm Equipment.

Is a swimming pool an attractive nuisance Philippines?

Swimming pools or water tanks, however, may be considered an attractive nuisance if they had some unusual condition or artificial feature other than mere water and their location.

Is making unauthorized and harmful physical contact with another person?

Battery is unauthorized and harmful or offensive physical contact with another person that causes injury. Often an assault results in battery, but not always.

What would be considered an attractive nuisance on your property quizlet?

In the law of torts, the attractive nuisance doctrine states that landowner may be held liable for injuries to children trespassing on the land if the injury is caused by a hazardous object or condition on the land that is likely to attract children who are unable to appreciate the risk posed by the object or condition ...

What does nuisance mean in law?

In a regulatory environment, the term "nuisance" includes anything that results in an invasion of one's legal rights. A nuisance involves an unreasonable or unlawful use of property that results in material annoyance, inconvenience, discomfort, or injury to another person or to the public.

Is a basketball hoop an attractive nuisance?

Most likely. That basketball net is what the law calls an “attractive nuisance”. Anything that might draw the attention of another and be accessible to them could put liability on you should they get injured using the item. This applies to a swimming pool as well, if there is no fencing around it.

Why can attractive nuisances be considered Torts?

The attractive nuisance doctrine applies to the law of torts in some jurisdictions. It states that a landowner may be held liable for injuries to children trespassing on the land if the injury is caused by an object on the land that is likely to attract children.

Is a gun an attractive nuisance?

Is there an attractive nuisance doctrine under California law? California no longer has an attractive nuisance doctrine. ... Under the doctrine, homeowners in California could be liable for injuries caused to children that trespassed on their property because of the luring condition.

What is the difference between negligence and negligence per se?

Negligence is the basis of most personal injury cases in Texas. Negligence per se is a form of negligence used in cases involving actions that violate the law. Negligence per se can make it possible for individuals to win a personal injury case when there is little to no direct evidence of fault.

What is nuisance per Accidens?

Nuisances per accidens or in fact are those which become nuisances by reason of circumstances and surroundings, and if an act creates any danger and inflicts injury upon a person or property[i]. In the case of a nuisance per se, the thing becomes a nuisance as a matter of law. ...

Does Florida follow the attractive nuisance doctrine?

Florida has an “attractive nuisance” doctrine that allows property owners to be held responsible for a child's injuries if the child suffered an injury by a feature or object on the owner's premises that is likely to attract children.

Does Texas have attractive nuisance laws?

Texas premises liability laws require property owners to provide reasonable care to all people who enter their property. ... Attractive nuisance is part of these laws, and it requires property owners to make sure that a child is safe—whether they're invited to the property or not.