The Attractive Nuisance Doctrine

The attractive nuisance doctrine was developed through judicial decisions. It is mostly judge-made law that assigns liability to individuals who have a dangerous item on their property that is likely to attract the attention and interest of children. The doctrine is designed to protect children from falling victim to dangerous situations that are not adequately protected on others’ properties.

Originally, if a child were to trespass onto the property of another, that property owner would not be held liable at all for any injuries sustained to the child while on his or her property. Law, however, has a tendency to evolve. Judges started recognizing that some items on a person’s property, if visible to children, may be too tempting for a child to ignore. Some of the early items that were found to be particularly attractive include rope swings. In the early days, a pool was not covered by the attractive nuisance doctrine, but pools are covered in many jurisdictions today.



While ordinary trespassers are entitled to a very small amount of duty from a property owner, children who were lured onto the property by some sort of attractive nuisance are eligible for a much higher degree of liability.

Contact a Chicago Personal Injury Lawyer

If your child has been injured while on another’s property, contact the Chicago personal injury lawyers of Friedman & Bonebrake at 312-466-8200 to discuss whether or not there is a case.