Torts II

Attractive Nuisance

An attractive nuisance is a dangerous feature on property that has an unusual characteristic or nature that makes it attractive to children, who try to convert it to a thing of amusement.

The owner/occupier must use reasonable care to protect children when the following elements are met:

  1. The owner is aware or should be aware of the dangerous condition.
  2. The owner knows or should know that children are in the vicinity.
  3. The condition is likely to cause injury if a child encounters it because of the child's inability to appreciate risk.
  4. The magnitude of the risk outweighs the utility or expense to remedy.