attractive nuisance doctrine

attractive nuisance doctrine
A legal doctrine that makes a property owner responsible for harm caused by leaving a piece of equipment or other condition on the property that would be both attractive and dangerous to curious children. Examples of attractive nuisances are tools and construction equipment, unguarded swimming pools, open pits, and abandoned refrigerators.
Category: Accidents & Injuries
Category: Real Estate & Rental Property → Homeowners
Category: Small Claims Court
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.


attractive nuisance doctrine
n. In tort law, the doctrine that one who has a dangerous condition or thing on his property that is likely to attract a curious child is under a duty to take reasonable steps to protect the child from it. For example, one has a duty to fence or cover an unsupervised swimming pool. The fact that the child is a trespasser does not negate the duty, but is one of many factors to be taken into account in determining the exact extent of the property owner's duty and the level of care required of him.

Webster's New World Law Dictionary. . 2000.

attractive nuisance doctrine
n.
   a legal doctrine which makes a person negligent for leaving a piece of equipment or other condition on property which would be both attractive and dangerous to curious children. These have included tractors, unguarded swimming pools, open pits, and abandoned refrigerators. Liability could be placed on the people owning or controlling the premises even when the child was a trespasser who sneaked on the property. Basically the doctrine was intended to make people careful about what dangerous conditions they left untended. Some jurisdictions (including California) have abolished the attractive nuisance doctrine and replaced it with specific conditions (e.g. open pit and refrigerators) and would make property owners liable only by applying rules of foreseeable danger which make negligence harder to prove.

Law dictionary. . 2013.

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Look at other dictionaries:

  • Attractive nuisance doctrine — Attractive nuisance redirects here. For the album, see Attractive Nuisance. Under the attractive nuisance doctrine of the law of torts, a landowner may be held liable for injuries to children trespassing on the land if the injury is caused by a… …   Wikipedia

  • attractive nuisance doctrine — The principle followed in many jurisdictions, but with some diversity of opinion as to the requisite conditions for its application, that one who maintains or permits upon his premises a condition, instrumentality, machine, or other agency which… …   Ballentine's law dictionary

  • attractive nuisance doctrine — The doctrine is that person who has an instrumentality, agency, or condition upon his own premises, or who creates such condition on the premises of another, or in a public place, which may reasonably be apprehended to be a source of danger to… …   Black's law dictionary

  • attractive nuisance doctrine — The doctrine is that person who has an instrumentality, agency, or condition upon his own premises, or who creates such condition on the premises of another, or in a public place, which may reasonably be apprehended to be a source of danger to… …   Black's law dictionary

  • attractive agencies doctrine — See attractive nuisance doctrine …   Black's law dictionary

  • attractive instrumentalities doctrine — See attractive nuisance doctrine …   Black's law dictionary

  • attractive agencies doctrine — See attractive nuisance doctrine …   Black's law dictionary

  • attractive instrumentalities doctrine — See attractive nuisance doctrine …   Black's law dictionary

  • Attractive Nuisance — The legal doctrine is at Attractive nuisance doctrine. Infobox Album | Name = Attractive Nuisance Type = Album Artist = The Loud Family Released = Feb 22, 2000 Recorded = 1999 Genre = Rock Length = 50:09 Label = Alias Records Producer = Scott… …   Wikipedia

  • attractive nuisance — An unusual condition, instrumentality, machine, or other agency on premises which is dangerous to children of tender years but so interesting and luring to them as to attract them to the premises. Hayko v Colorado & Utah Coal Co., 77 Colo 143,… …   Ballentine's law dictionary

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