Attractive Nuisance
In real estate, Attractive Nuisance is how insurance companies classify something that is inherently dangerous and particularly enticing to children. A hazard located within a property that may attract and harm children. It can be an object, a structure or the condition of both. For example: a swimming pool has a strong attraction power to children – especially some special needs children who are fascinated with bodies of water - and could lead to a liability lawsuit against the pool's owner should something happen to the kid in the pool. With or without the serving of an abatement notice, the owner must take all steps to make the necessary nuisance abatement; that is: prevent accidents, such as building an adequate fence around the pool, and, sometimes, even putting up signs warning about the attractive nuisance in question.
The basis that seems to guide the attractive nuisance ordeal is that children might not comprehend the dangers the attractive nuisance represents to them and so the homeowner is responsible for taking care of that if he doesn’t want to be responsible for a possible accident. What that means in practical terms is that there is a sweet spot between the children being mature enough to understand the dangers an attractive nuisance may cause and being able to manipulate/get caught by the attractive nuisance.
For instance: a 13 year old who jumps in a neighboring pool and ends up drowning, hitting his head (or any other damage) will hardly win an argument of attractive nuisance because it’s widely considered that a kid this age is mature enough to understand not only the dangers of a swimming pool; but the sole notion of trespassing. In fact, a reverse suit, where the homeowner sues the kid and the parents for trespassing is more prone to be successful. However, an old rusty abandoned car in the driveway or wooden logs left in the garden are definitely attractive nuisances. The car is always attractive to children; some might naively play hide and seek and hide inside them and cause accidents by depressing the parking brakes if the doors and windows of the car are open. Even if they are not: children can climb them and accidentally cause damages. Same thing with the discarded logs, in which kids might trip and fall or hit each other. So, the homeowner must always be on the lookout to properly discard any possible attractive nuisances within his or her property.
Real Estate Advice:
It might look attractive, but be sure it will be a nuisance to go about any of this by yourself, without the aid of a professional real estate agent. Search through The OFFICIAL Real Estate Agent Directory® now and be on the safe side!
Popular Real Estate Terms
Real estate sales contract where possession and use is provided to the buyer, but the deed is kept by the seller until the full purchase price is met whereupon the title is placed in the ...
Value of property is reduced form usage oven time. The problem is worsened when repairs and maintenance have not been made. ...
Money payments to be delayed for a future date or extended over a period of time. ...
See concrete block. ...
Generally speaking, the meaning of warehousing refers to the act of storing assets and keeping a physical inventory expecting a sale or distribution of goods at a later date. Warehousing is ...
If you’re a renter and you own a pet, you might be familiar with the term pet rent. There has been a lot of discussion about the meaning of pet rent and controversy as it isn’t ...
The geographic moving of an individual from one region to another usually because of a change in employment. Relocation normally involves the complete moving of the individual's ...
The phrase used for the period in which the escrow agent communicates to both the buyer and the seller as to what documents or moneys have to be deposited with the escrow agent to satisfy ...
Property that is similar in characteristic and when exchanged is a nontaxable transaction. Any property that is not like-king, such as cash (boot), is taxed. As a result, a gain is not ...

Have a question or comment?
We're here to help.