What is an Attractive Nuisance?

Children are innately curious about the world around them, but at times that curiosity can lead them into danger. No matter how cautious you try to teach your children to be and no matter the rules you have in place, there are times when your child’s natural curiosity may put them in potentially risky situations. This danger is compounded if adults do not properly safeguard their property, which could lead to your child being seriously or catastrophically injured or even losing their life.

Think about it: Backyard swimming pools. Outdoor playsets. Construction sites. The world – including your home, place of business, or worksite – is full of things that may attract the attention and interest of children, and which may pose a tremendous danger to their safety and wellbeing. An otherwise normal day can turn into a tragic memory in just moments.

Massachusetts’ attractive nuisance law

In the Commonwealth of Massachusetts, the law seeks to protect children from these dangers. It categorizes items that may attract the curiosity and attention of children, while also endangering them, as “attractive nuisances.” The attractive nuisance law states that anyone who “maintains an artificial condition upon his own land shall be liable for physical harm to children trespassing thereon.” In other words, anyone whose property includes a feature that a child is likely to be interested in and even trespass to access, is required to safeguard that feature – and can be held liable if they fail to do so and a child is harmed as a result.

If your child has been injured due to an attractive nuisance on someone else’s property, it is important that you speak with an experienced Boston premises liability lawyer as soon as possible to understand your options under the law.

Common examples of attractive nuisances in Boston and the surrounding area

There are a range of items that may be considered attractive nuisances for children, and all are capable of inflicting serious harm. The most common examples of attractive nuisances include:

• Cars – A car can pose a serious threat to children even when it is in park or the engine is turned off. Children may climb into unlocked or abandoned vehicles and become trapped inside – this is especially dangerous in hot weather. Similarly, a child might decide to hide in the trunk of an abandoned vehicle and then become trapped inside without enough oxygen. And for unlocked vehicles that have the keys left inside, a child could potentially start the vehicle and attempt to drive it, resulting in an accident and injuries.
• Construction Sites – There are myriad dangers lurking in a construction site. From heavy equipment, tools, and construction vehicles that may lure children toward danger, to large ditches and puddles and huge piles of gravel or stone. Structures that are in the process of being built or demolished can also attract children, and pose all sorts of danger, including trips, slips, and falls from varying heights or onto concrete or dangerous exposed building elements.
• Fountains – Any kind of water feature can be dangerous for a child, including fountains. Children may be tempted to climb in to wade and splash around or may unintentionally fall into the fountain and drown.
• Home Appliances – Large appliances, especially washers, dryers, and refrigerators can be more dangerous than many people realize. Old refrigerators, for instance, pose a real threat to a child who may decide to climb inside during a game of hide-and-seek and then become trapped with limited oxygen.
• Ladders – The temptation to climb a ladder may be too much for a child to resist, especially if that ladder is left propped against a structure or tree. This can easily result in a child slipping and falling off the ladder, resulting in injuries such as sprains, pulled or torn ligaments, fractured or broken bones, or even more serious, potentially life-altering injuries such as spinal cord injuries (SCI) or traumatic brain injury (TBI).
• Machinery – Children love to push buttons, pull levers, and play pretend, and machinery can be tempting to a curious, imaginative child. Any unattended machinery that is not properly secured from a child who trespasses and decides to explore could cause serious injuries.
• Outdoor Playsets – While playsets are designed for children to climb and play on, there is an expectation that children under a certain age will only use these sets with adult supervision.
• Pets – Animals of any kind, even beloved family pets, can pose a danger to children. This is particularly true of dogs. A child who wanders into the wrong yard to say hi to what it thinks is a new furry friend may be viewed as a threat by the animal and end up being scratched, bitten, or mauled. These injuries, particularly dog bites, can be severe, sometimes requiring extensive care and even plastic surgery. In some cases, small children have been killed by animals who simply thought they were protecting their home and property from an intruder.
• Ponds – The drowning hazard is clear. On a warm day, a child may want to swim or may fall into the pond. On a cold, winter day, the pond could appear frozen, tempting children to walk, slide, or play on it – and then break, sending them into the murky water.
• Swimming Pools – Once again, drowning is the top concern here. And with good reason: According to the United States Centers for Disease Control and Prevention (CDC), accidental drowning is the number one cause of death for children ages 1 to 4. It also poses a significant threat to children over age 4.
• Trampolines – While fun to bounce around on, an easily accessible trampoline can be too tempting for a child to resist. If the trampoline does not have the appropriate netting around it, or if it is not properly secured to the ground, the child could be injured. Even if all safety precautions have been taken, a small child could bounce the wrong way, resulting in injury. Under Massachusetts’ law, the attractive nuisance that is a trampoline should not have been accessible to an unsupervised child, thus leaving the property owner at risk of being held liable if the child is hurt.
• Treehouses – These common childhood hideouts can pose significant danger to unsupervised children, beginning with falls – both while climbing up to and down from the treehouse – as well as while in the structure. Old or abandoned treehouses pose additional risks, as these structures, which may not have been the sturdiest at the time they were built, may be in even worse shape. That can mean broken or rotting floorboards, railings, or ladder pieces, as well as exposed, rusty nails.

Any of these things, when not properly secured, can result in a child being injured or even killed.

Was your child injured due to an attractive nuisance?

If your child was seriously injured due to an attractive nuisance, it is important to know that the property owner has a duty of care under Massachusetts law and can be held liable for your child’s injuries. Depending on the type and severity of the injury, your child may need immediate and ongoing medical treatment and care, as well as medical support for their mental and emotional wellbeing after such a traumatic incident. Additionally, you or your spouse may need to take time off of work in order to care for your child. The costs associated with caring for a child who has been seriously injured can be astronomical, even with insurance, and may create a financial hardship for your family.

The skilled personal injury lawyers at Breakstone, White & Gluck can help. We have more than 100 years combined experience handling Boston premises liability cases, and we are prepared to fight on your behalf. Complete our contact form or give us a call today to schedule a free consultation to discuss your case.