A dangerous place, condition or object which is particularly attractive to children. In such cases the courts have frequently held that where attractiveness exists, the owner is under a duty to take steps to prevent injury to those that may be attracted and the owner may be held liable for failure to do so. Certain types of machinery such as a rail road turntable have been held to be ‘attractive nuisance.’
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Property that is inherently dangerous and, at the same time, enticing to children is considered to be an attractive nuisance. The property owner is liable for injury to children and must take extra precautions to avoid injury.For example, a swimming pool is considered an attractive nuisance. Swimming pools attract children and swimming pool owners need to take extra precautions to prevent accidents such as building an adequate fence around the pool that keeps children away from the pool. Swimming pool owners have been held liable for accidents involving children hurt by diving into empty pools. Despite the fact that the children were trespassing and that the children should have realized the pool was empty, the property owner maintained an “attractive nuisance” and failed to adequately safeguard against curious children.