What is the "Attractive Nuisance Doctrine"?
When you invite children over to your house to use your pool, or you host a pool party, you are assuming liability and responsibility for any injuries or accidents that may occur due to the use of your pool.
Under the Attractive Nuisance Doctrine, you can be held liable even if children trespass on your property and use your pool without knowledge.
The Doctrine states that a landowner can be held liable for injuries that are incurred by children who trespass on the land and the injury is caused by the object that attracts children who are unable to understand the risk that posed by such an object.
This Doctrine can be applied to practically anything on a landowners yard, from a piece of scrap wood, a pile of sand, and, of course, swimming pools. Posting a sign may exempt the landowner of liability in some cases. In cases where children are unable to read such a sign, the landowner can still be found liable.
The following five conditions must be met for a landowner to be found liable under the Attractive Nuisance Doctrine (In the following conditions, a swimming pool is used only as an example):
- The owner of the swimming pool knows or has reason to know that children will be likely to trespass.
- The owner of the swimming pool understands and realizes that a pool poses serious risk of bodily injury and death to children.
- The children do not understand the risks associated with using a swimming pool.
- The responsibility of owning and maintaining the swimming pool and eliminating the danger of the pool are slight compared to the risk to children.
- The swimming pool owner fails to exercise reasonable care or eliminate the danger to protect the children.
If your child has suffered injuries from a pool accident of a negligent swimming pool owner, please call us toll-free 888-350-3931 for a free consultation or fill out our case evaluation form.
