What is attractive nuisance? What does that have to do with being a landlord?
The Attractive Nuisance Doctrine holds that a property owner may be liable for injuries to children who trespass on the property if the injury occurred as a result of an object, or condition on the property that was likely to attract the attention or curiosity of children. A property owner or landlord has a special responsibility to protect children from harm if they come onto the property. Children are particularly at risk from property hazards and dangerous conditions because they are unable to comprehend the risk of danger posed by the object or condition.
A landlord could be held liable for attractive nuisance if it could be determined that:
- the landlord knew or should have known that the object or condition was attractive to children;
- the object or condition could cause children to trespass on the property;
- the object or condition could cause serious injury to a child;
- the cost to fix the hazardous object or dangerous condition is reasonable and does not interfere with the way the object or property is used; and
- the landlord failed to exercise reasonable care to protect children from harm.
As examples, children can be attracted to unguarded swimming pools, unattended vehicles such as utility carts used for maintenance and grounds keeping, construction materials or debris left on the property, or abandoned appliances found on the property.
A landlord cannot avoid liability by posting signs on the property such as “No Trespassing” or “Danger – Keep Out”. Compliance with state and local building codes, safety and health inspections, and regular property inspections help to identify dangerous conditions. If a hazard or dangerous condition cannot be readily removed or eliminated, a landlord should take preventative actions appropriate to the hazard such as fencing, gates, locks, secure storage of equipment, or active monitoring of the property.