الجمعة، 10 فبراير 2012

Is a swimming pool considered an attractive nuisance?



The concept of "premise liability" is that property owners are liable for hazards that are on their property. An outgrowth of premise liability is the idea of "Attractive Nuisance." Property owners are generally understood to be responsible/liable for the safety of anyone on their property who is there under explicit or implied permission. Given the nature of the property in questions, that means the property owner is liable for someone who is a guest at a party or shopping on their premises. However, when someone is on their property without that explicit or implied permission (trespassers) the property owner is not considered liable - but not quite always.
An exception to this lack of liability is called the Attractive Nuisance doctrine. When it comes to children, they are not part of the general class of people referred to in most laws. They belong to a special class because from a legal perspective they lack the full rational capacity of an adult. Adults understand they aren't allowed on another person's property no matter what is there unless they receive permission. Children on the other hand can be enticed to enter another's property without permission, especially if there is an "attractive nuisance." Is a swimming pool an attractive nuisance? Yes, as are other structures including trampolines. This concept takes into account the fact that children don't fully understand property rights nor the consequences of violating them. And worst of all, they don't fully appreciate the risks and dangers associated with attractive nuisances.
The attractive nuisance doctrine makes property owners liable for any harm incurred by children that results from their trespassing on the person's property with the intent to use or play in or on any of these items. The reason is that there are things that entice children, yet can be very risky. Swimming pools are the most common example of one of these. Since a child could easily get on their property and drown without proper supervision, property owners must take reasonable steps to prevent something like that from happening.

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