Children don’t always understand danger. When something on your property looks fun or interesting, a child might try to explore it. If that happens and they get hurt, you could be responsible under what’s called the attractive nuisance doctrine.
Understanding the doctrine
This legal rule holds property owners responsible when children get injured by something dangerous yet enticing on their land. Common examples include pools, trampolines, old machinery, construction sites, or unsecured gun safes. The idea is that these things can lure kids who don’t realize the risks. If you knew kids might come onto your property and didn’t take steps to protect them, you could be held liable.
Conditions for liability
For this rule to apply, several things must happen. The hazard must attract children. It must pose an unreasonable risk of harm. The child must not understand the danger based on age. You must know or should know that kids might trespass. Finally, you must fail to take reasonable steps to secure the hazard. Putting up a fence, locking gates, or covering a pool can help prevent injuries and reduce your risk.
Common property features involved
In Pennsylvania, attractive nuisances often include swimming pools without covers, broken-down cars, treehouses, abandoned buildings, and uncovered wells. Even an unsecured ladder leaning against a garage can invite trouble. If these features are on your property and accessible to children, you should take action. It doesn’t matter if the child had permission to enter or not.
You might think you’re safe because someone trespassed, but this doctrine makes an exception for kids. The law expects adults to understand that children can’t always make good decisions. Taking simple precautions can help protect young visitors.
