Mr. McGraw keeps a giant smiling metal frog at the top of a tree. This is just one of several metal animals he keeps as decoration on his property. The children at the neighboring elementary school walk home in front of Mr. McGraw's property every day. One day, Joey dares Jimmy to climb up the tree and touch the frog. Jimmy climbs the tree, loses his grip, and falls onto a giant pink elephant breaking his arm. Under a state that follows this doctrine Mr. McGraw could be held liable in tort.
Attractive nuisance doctrine
A doctrine in tort law under which a landowner may be liable for injuries to children who trespass on land if the injury results from a hazardous object or condition on the land that is likely to attract children who are unable to appreciate the risk posed by the object or condition.
Definition from Nolo’s Plain-English Law Dictionary
A legal doctrine that makes a property owner responsible for harm caused by leaving a piece of equipment or other condition on the property that would be both attractive and dangerous to curious children. Examples of attractive nuisances are tools and construction equipment, unguarded swimming pools, open pits, and abandoned refrigerators.
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:11 pm
"It has been held that a junkyard may constitute an ‘attractive nuisance’ if not properly maintained." Borinstein v. Hansbrough, 119 Ind.App. 134, 82 N.E.2d 266 (1948).
