Torts
Attractive Nuisance
Definition
The attractive nuisance doctrine imposes a heightened duty of care on landowners with respect to artificial conditions on their property that are likely to attract trespassing children. Under the Restatement (Second) of Torts Section 339, a landowner is liable if the owner knows or should know children are likely to trespass, the condition poses an unreasonable risk of serious harm, children because of their youth cannot appreciate the danger, and the burden of eliminating the danger is slight compared to the risk.
Example
A homeowner leaves an unfenced swimming pool in the backyard. Under the attractive nuisance doctrine, the homeowner may be liable if a trespassing child drowns.