What is an "attractive nuisance" and how does it affect my insurance?

​An attractive nuisance is a term used in insurance and legal circles to describe a dangerous condition on a property that may attract children and cause harm or injury. This could be anything from a swimming pool or trampoline to a construction site or abandoned building. In this blog post, we will take a closer look at what an attractive nuisance is, why it matters in insurance, and how property owners can protect themselves.

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The concept of an attractive nuisance is rooted in the principle of premises liability, which holds property owners responsible for ensuring the safety of individuals who enter their property. While this principle applies to all visitors, it is especially relevant to children who may not fully understand the risks associated with certain activities or environments. Children are naturally curious and adventurous and may be drawn to features on a property that pose a danger to their health and safety.

Examples of Attractive Nuisances

Some common examples of attractive nuisances include:

• Swimming pools and hot tubs
• Trampolines
• Playgrounds and equipment
• Abandoned buildings and construction sites
• Fountains or ponds
• Heavy equipment or machinery

While these features can provide enjoyment and entertainment, they can also pose a serious risk to children who may not have the judgment or experience to use them safely.

Why Attractive Nuisances Matter in Insurance

From an insurance perspective, attractive nuisances can present a significant liability risk for property owners. If a child is injured on a property due to an attractive nuisance, the property owner may be held responsible for the resulting damages. This can include medical expenses, lost wages, pain and suffering, and more.

To mitigate this risk, property owners may need to take certain steps to ensure the safety of their property. This may include adding fences or barriers around swimming pools, securing heavy equipment or machinery, or placing warning signs around hazardous areas. Failure to take these precautions may be viewed as negligence on the part of the property owner, which could result in legal liability in the event of an accident.

Protecting Yourself Against Attractive Nuisance Claims

If you own property that includes an attractive nuisance, there are several steps you can take to protect yourself from liability claims. First and foremost, you should ensure that your property is as safe as possible for visitors, particularly children. This may involve investing in safety equipment or modifications to the property, such as adding fencing or locking gates around a swimming pool or other hazardous area.

Additionally, it is important to carry adequate insurance coverage to protect against potential claims. This may include liability coverage on your homeowner's or business insurance policy, as well as umbrella coverage to extend your liability limits in the event of a significant claim.

Conclusion
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An attractive nuisance can be a significant liability risk for property owners, particularly if the property is used by children. By understanding what an attractive nuisance is and taking steps to mitigate the risks, property owners can protect themselves from legal liability and ensure the safety of their visitors. If you own property that includes an attractive nuisance, it is important to speak with an insurance professional to determine the best coverage options for your needs.

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Tyler Grizzle - Partner GSP Insurance Group
GSP Insurance Group serves clients in the states of SC, GA, NC, AL, FL, TN, OH, and IN

GSP Insurance Group Headquarters
8 Buckingham Plantation Dr
​Bluffton, SC 29910