The Elements of an Attractive Nuisance
Though the laws are somewhat different from state to state, there are typically five conditions that must be present for a property owner to be held responsible under a theory of "attractive nuisance":- The area where the "attractive nuisance" exists is one that the landowner knows or has reason to know is easily accessible to children
- The landowner either knows or should reasonably know that the "attractive nuisance" poses an unreasonable risk of serious bodily harm or even death to a child
- The injured child either lacks the ability to understand the risk or the ability to discover the "attractive nuisance"
- The benefit to the landowner in keeping the "attractive nuisance" or the burden of removing it is slight compared to the degree of risk of injury to a child
- The property owner failed to act reasonably to either alleviate the risk or take action to protect children who might come in contact with the "attractive nuisance."