Attractive nuisances are places or structures on a property that invite the curiosity of children. If a child is injured while playing on or around such a place or structure, the landowner may be responsible for the injury. Although an uninvited child may be considered a trespasser, a landowner may still be responsible for any injury – even if the landowner was unaware that the child was on the property.
Duty of Landowners
While all landowners have a responsibility to protect children from injury on their property, states hold landowners to differing standards of care. Some states determine which standard to apply by first ascertaining if the child was an "invitee," "licensee" or "trespasser."
Child Invitees
Where a child has an invitation to visit the property (house guests), the landowner must:
- Exercise ordinary care to prevent injuries
- Make the land reasonably safe
- Remove dangerous conditions
- Warn visitors verbally or with posted signs of any danger
Child Licensees:
Where children are on the owner's property with the owner's permission (social guests), the landowner must:
- Prevent deliberate or reckless injury
- Prevent any reasonably predictable injury to the child
- Sufficiently warn of dangerous conditions the child may not discover
Child Trespassers:
Where children are on the property without the permission of the landowner (intruders), the landowner must:
- Take reasonable steps to prevent injury to children
- Notify children of dangerous conditions and help them understand any risk of harm
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