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What is an attractive nuisance?

On Behalf of | Mar 14, 2023 | Personal Injury

When injured on another person’s property, you can usually, recover from that property’s owner or their property insurance company because of premises liability law. However, usually, trespassers are barred in some way or another from recovering, except for children. And, in this post, we will focus on Trenton, New Jersey, children.


Of course, owners are not fully liable for every injury that occurs on their property. Property owners generally have limited liability to trespassers, when a danger is open and notorious and several other categories.

Attractive nuisances

Children are a special category for premises liability, and if you own a pool, trampoline, etc., you should take note. Children are treated differently because they are not expected to act like adults. They are not expected to know that they are trespassing or be held accountable for trespassing. And, if property owners have things that could attract them, like pools, trampolines, etc., these are called attractive nuisances, which bring additional liability to property owners.

If the property owner has an attractive nuisance on their property that could harm or kill a child, they must reduce that danger to children. In practice, this, usually, means putting up a fence according to local code. If the property owner fails to do this, they are liable for the consequences.

The takeaway

For our Trenton, New Jersey, readers, the main takeaway is that if your child is injured on a property, you have options, even if the child should not have been on the property. If that person was a child, and that child was trespassing, contact a local attorney.