Five Common Attractive Nuisances that Could Be in Your Yard

What Is an Attractive Nuisance? 

In simple terms, an attractive nuisance is anything—yes, anything—that would typically be attractive to a child. So, if you’ve got a piece of property that’s nothing but 2,000 square feet of grass, that’s probably not an attractive nuisance, since most kids wouldn’t find a field of grass to be particularly interesting. The problem with attractive nuisances is that young children don’t typically understand the risks involved.  For example, a five-year-old probably doesn’t understand that going for a swim alone in the neighbor’s pool is extremely dangerous. Because these kids don’t understand the risks involved with approaching animals they don’t know, swimming in a neighbor’s pool unsupervised, or climbing on someone’s construction project, the property owners generally have an obligation to make sure that children do not enter their property due to an attractive nuisance. While property owners aren’t responsible for injuries that trespassers sustain, it’s important to understand that, in the eyes of the law, children are almost never considered to be trespassers. 

Dogs and Other Animals  

Generally speaking, dogs love babies and children. This is because they see the babies and kids in their household as “members of the pack,” meaning that the dog’s responsibility is to love and protect them. However, this only extends to the children living in the home. Children trespassing onto the dog’s territory may be seen as a threat, even by the friendliest dogs. Just because your dog has never been aggressive before, doesn’t mean that s/he won’t ever be aggressive—especially when it comes to strangers “intruding” in your yard. If you have a dog in your yard, make sure that s/he is tied up to a stationary object, even if there is a fence. If a young child does get into your fenced in yard, they’ll be more likely to outrun your dog if your dog becomes aggressive if the dog is tied to an object. Do not allow your dogs to roam outside unsupervised, even if you have a fenced in yard. If you want to allow your dogs to run around in your fenced in yard, make sure you’re there to watch them. 

Projects 

Nothing like a good ole project to sit in your front yard and make your neighbors wish they lived in an HOA. While projects can be fun, they can also be dangerous if children are messing around with the projects—especially if there are power tools lying around everywhere. If you’ve got a project, especially one with power tools lying around, make sure that you are taking reasonable precautions to avoid attracting teenagers or children from playing around your project. Blocking off all entrances with tape or otherwise is a good start. But you’ll also want to put away all power tools, saws, or anything that could cause injury to a child or teenager who’s under the impression that they’re invincible. No trespassing signs may need to be posted. 

The Fun Stuff 

Playground equipment, such as swing sets, houses, and slides may also be an attractive nuisance. Trampolines are another common attractive nuisance, along with outdoor toys and bouncy houses. And don’t forget the king of all attractive nuisances: swimming pools. If you’ve got an inflatable bouncy house, make sure that it’s picked up and put away when your kids aren’t using it. Although you can’t easily pack up a swimming pool or an entire swing set and just store it in your garage, there are some things you can do.  Make sure that you have safety nets around your trampoline. If you’ve got a removable step stool leading up to the trampoline, make sure to put it away when the trampoline isn’t in use. Pools should always be fenced in, ideally with self-closing hinges. Put away all pool toys when the pool isn’t in use, and make sure you invest in a pool cover that precludes people from using the pool without your permission 

Decorations 

Christmas and Halloween decorations may be considered to be an attractive nuisance in some circumstances. While most children don’t want to wander onto the neighbor’s yard to play with decorations, the decorations can definitely be enough to lure the children onto the yard so that they can get a closer look at the holiday decorations. This is a problem if you have a yard with other hazards such as unleashed dogs, sinkholes, etc. If you’re planning on putting out some really cool decorations that kids might be tempted to take a closer look at, make sure that the decorations aren’t located by anything dangerous. For example, if you have a pond that a child could fall into, putting decorations by the pond might not be a good idea. 

Land Formations 

Certain land formations can also be considered to be an attractive nuisance. For example, if you’ve got a pond with Koi fish, that may be an attractive nuisance for a young child. Creeks, rivers, and other bodies of water may also be considered to be an attractive nuisance. Got a massive sink hole that could be a portal to the underworld? That too may be an attractive nuisance.  Another thing you may need to worry about is bees and wasps. If you’ve got an insect problem—or you’re a beekeeper—you may need to caution guests and visitors. If you’ve been injured in an accident, and you have questions about a personal injury claim, contact Moxie Law Group today for a free consultation.