Homeowners are responsible for their attractive nuisances

Allen Ritchie • April 28, 2021

Alabama homeowners who are looking to increase the value of their property may add on various amenities. Unfortunately, some of these amenities may constitute an attractive nuisance and open the owner up to liability claims. Understanding what an attractive nuisance is can help you to put a plan in place to protect your financial well-being from unnecessary lawsuits.

Defining an attractive nuisance

An attractive nuisance can be anything on your property that attracts children and exposes them to potential harm. This broad definition covers a large majority of outside amenities that a homeowner may have. Some of the most common permanent attractive nuisances include trampolines, playsets, treehouses and pools. It’s important to realize that even temporary attractive nuisances can result in a premises liability case. Some examples of temporary attractive nuisances include a ladder propped up against the side of your house or a riding mower on your lawn.

Your responsibilities as a homeowner

Attractive nuisance law cases can be quite complex and highly dependent on the circumstances involved. As a general rule of thumb, it’s your responsibility as a homeowner to ensure that your property is safe. You should be able to identify various aspects of your property that could draw outside attention from children and pose a potential danger to them. It’s your responsibility to put up a barrier to help stop those children from using the attractive nuisance and being injured.

While you’re not responsible for the actions of adult trespassers on your property, you can be held liable for injuries that a child incurs when they trespass on your property. Attractive nuisances like swimming pools and trampolines can entice children to enter your property and potentially get injured. If you’re currently being sued due to this type of situation, it’s advisable to speak to an attorney to help represent your case.

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