What Is an Attractive Nuisance? Understanding the Attractive Nuisance Doctrine

By bwhlawoffices | Updated on January 20, 2026

Full length rear view of two brothers and a sister at the edge of an unfenced pool, symbolizing an attractive nuisance.

Public and private property owners have a general duty to keep their property reasonably safe for all visitors, whether they are welcome, unwelcome, expected, or unexpected. When the visitor is a child, maintaining a safe premises can become more critical. Under a legal concept known as the attractive nuisance doctrine, property owners may be held responsible if a child is injured on the property by a dangerous condition that should have been secured or removed prior to the injury.

If your child has been hurt on someone else’s property, understanding attractive nuisance laws can help you determine whether the property owner may be legally liable.

What Is an Attractive Nuisance?

An attractive nuisance is a hazardous condition on a property that is likely to draw the attention of children and pose a serious risk of injury. Because children lack the maturity to recognize danger or the full extent of dangerous circumstances, the law places a higher duty on property owners to ensure protection when a child is on their property.

In simpler terms, if a feature on a piece of property is a) dangerous, b) appealing to children, and c) left unsecured, it may qualify as an attractive nuisance.

What Is the Attractive Nuisance Doctrine?

The attractive nuisance doctrine is a rule within premises liability law that makes property owners responsible for injuries to children caused by certain dangerous conditions, even in cases where the child was knowingly or unknowingly trespassing.

While the exact attractive nuisance requirements vary by state, courts generally look at whether:

The property owner knew or should have known children were likely to enter the property.
The condition posed an unreasonable risk of serious harm or death.
The child was too young to understand the danger of the condition.
The cost or effort to fix the hazard was minimal compared to the risk.
The property owner failed to take reasonable steps to prevent access to the dangerous feature or condition.

When these factors are present, the property owner can be held liable for a child’s injuries.

Examples of an Attractive Nuisance

Many attractive nuisance claims involve everyday property features that become dangerous when left unsecured. Common examples of an attractive nuisance include:

Unfenced swimming pools or hot tubs
Unsecured construction sites with open trenches or heavy equipment
Abandoned or vacant buildings that are unlocked or otherwise not secured
Trampolines without safety enclosures
Unlocked sheds containing tools or machinery
Exposed electrical wiring or equipment
Abandoned vehicles

Injuries commonly occur around job sites, rental properties, or neighborhoods where children are likely to play outdoors. These hazards may not seem dangerous to adults, but they can be extremely tempting and risky for children.

How Premises Liability Applies to Attractive Nuisances

Premises liability laws generally require both private and public property owners to maintain reasonably safe conditions throughout their properties with the safety of children in mind. Even if they never anticipate a child visiting their property, a property owner should plan as if a child could wander onto their property and take steps to protect that child from harm.

Basically, premises liability for attractive nuisances is centered around foreseeability. If it was foreseeable that a child could be injured by a hazardous condition on a person’s property, the property owner may be legally responsible for failing to address the danger.

This legal protection exists because children are naturally curious and may not appreciate dangerous or deadly risks such as drowning, falling, or being crushed by heavy equipment.

Do Attractive Nuisance Laws Apply Nationwide?

Most states recognize some version of the attractive nuisance doctrine, though the details vary. Some states apply the doctrine broadly, while others limit it to specific situations, such as unsecured swimming pools or construction sites. For instance, in Georgia, attractive nuisances laws are limited and only apply to specific circumstances where the nuisance is not a natural part of the land (ex: a swimming pool) and highly enticing to a child (ex: a trampoline without installed safety nets).

Because the law differs from state to state, it is important to speak with an attorney in your state or in the state of the incident who understands how premises liability laws apply where the injury occurred.

What Do I Do If My Child Is Injured by an Attractive Nuisance?

If your child is injured on someone else’s property, the following steps early to help with their recovery and your family’s legal protection:

Seek medical attention for the child immediately.
Take photos of the dangerous condition, if possible.
Document how and where the injury occurred.
Avoid discussing the incident with insurance companies before speaking with a trusted lawyer.

An experienced premises liability attorney can evaluate whether the injury may qualify as an attractive nuisance claim and explain your options.

How Can a Premises Liability Lawyer Help?

Attractive nuisance cases can be complex, especially when property owners or insurance companies try to deny responsibility by claiming the child was trespassing.

A lawyer works to:

Investigate the property conditions
Determine whether the attractive nuisance doctrine applies
Handle communication with insurance companies
Pursue compensation for medical bills, future care, and other damages

If you believe a property owner failed to protect your child from a dangerous condition, speaking with a skilled attorney can help you understand your rights.

Frequently Asked Questions About Attractive Nuisances

What is considered an attractive nuisance?

An attractive nuisance is a dangerous condition on a property that is likely to attract children who cannot fully understand the danger of the nuisance. Examples include unsecured pools, construction sites, or machinery.

What is the attractive nuisance doctrine?

The attractive nuisance doctrine is a legal rule that can hold property owners responsible when children are injured by hazardous conditions that should have been secured or removed.

Can a property owner be liable if a child was trespassing?

Yes. Even if a child was not expected or welcome on the property, the owner may still be found liable if the threat of hard by the hazard was foreseeable and if reasonable steps were not taken to prevent access to the hazard.

Are attractive nuisance laws the same in every state?

No. Most states recognize the doctrine, but the legal standards and requirements to apply the doctrine vary state by state.

Should I contact a lawyer after an attractive nuisance injury?

Yes. A premises liability attorney can review the facts of your case and help determine whether you may be entitled to compensation for your child’s injury.

Call Buzzell, Welsh & Hill for Help After an Attractive Nuisance Injury

If your child was injured due to a dangerous condition on someone else’s property, you do not have to navigate the situation alone. The attorneys at Buzzell, Welsh & Hill fight hard to help families throughout Middle Georgia understand their legal options and pursue justice.

Call today to schedule a consultation and learn how we can help get you and your child the compensation you deserve: 478-221-9034

Recent Articles:

Recent Success Stories: