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Attractive Nuisances: How to avoid the liability you might not know you face

As you float around in your pool, relaxing on a nice summer day, you're free to daydream. Many thoughts might run through your head; don't let one of them be your upcoming lawsuit. Why would you think of that in the first place? Pools fall under the category of objects known as attractive nuisances.

If you own any item which would tempt children to play with it but might also endanger them, you own an attractive nuisance. If you don't take precautions to reduce a child's risk, you may be liable if a child comes to any harm. It is your legal responsibility to make sure to reduce the risk of potential injury for a child. The law holds that children need extra protection. So even if a kid trespasses on your property you can be held liable for dangers he or she comes across.

A pool isn't the only thing that qualifies as an attractive nuisance, but it is a serious one. Unfortunately, many children drown every year by accident in pools and decorative ponds and fountains.

Along with water risks are objects like old refrigerators, machinery and power tools (like riding mowers and nail guns), and construction materials. Even a ladder left against the side of a building can qualify as an attractive nuisance, since children love to climb but could easily harm themselves if they fell.

So what should you do? Get rid of your pool? Stop cutting the grass? Keep everything safe, low to the ground, and wrapped in padding? Fortunately, the law doesn't demand extreme precautions. You are permitted to have any attractive nuisance on your property as long as you take reasonable safety precautions. Examples of reasonable precautions include putting a fence around your pool or investing in a locked pool cover. Leaving a riding mower on in the middle of your yard is definitely an attractive nuisance. Turning it off and locking it in the garage is not.

But what about a sign? Can't you just put up a "do not swim" or "no trespassing" sign and rest assured that you won't be susceptible to a lawsuit? Unfortunately, the answer is no. Since many young children can't read, the law deems signage inadequate to prevent accidents.

It should be noted that attractive nuisances are usually things that are manmade or bought and maintained by the owner of the property. So if there's a natural hazard in your yard, like a cactus or a pointy stick, this won't count as an attractive nuisance.

If you are the proud owner of a pool or super-turbo riding mower, remember to keep an eye on the potential safety hazards that may be faced by neighborhood kids. Make an effort to protect those kids, even if you didn't invite them.

LegalZoom is not a lawfirm and can only provide self-help services at your specific direction. Information contained above is subject to change and is not applicable to every state. Visit LegalZoom.com for specific state-by state-documents.

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