Most people would assume that trespassers come on to your property uninvited at their own risk, but this does not necessarily apply to children. In many cases, the law sees adults differently than it does children, and personal injury law is the same.
An example of the law potentially holding a property owner liable for a child trespasser’s injuries is with attractive nuisances. According to FindLaw, an attractive nuisance is something on your property that may attract the attention of child trespassers looking to play.
What is an example?
The most famous example of an attractive nuisance is an unattended swimming pool. It is possible that a swimming pool will attract the attention of children. It is also possible that a child may sustain serious injury or death by interacting with a swimming pool.
There are other examples of attractive nuisances on your property. Dangerous, yet attractive animals (such as horses) are another example of attractive nuisance. Certain kinds of landscaping, unattended ladders and broken gates also apply.
What can I do about attractive nuisances?
Ensure that you are following all local regulations pertaining to whatever you’re attractive nuisances. For instance, it is very common for local laws to require a swimming pool owner to install a fence around a swimming pool to deter child trespassers.
If you see a child interacting with an attractive nuisance on your property, make sure that you warn them (and, ideally, their parents) about it. If it is something like an unattended ladder, put it away. It is not illegal to have attractive nuisances on your property, but you must ensure that you “childproof” them as much as possible.
