When Are You Liable for Injuries on Your Property?

Western New York Personal Injury Law Blog

When Are You Liable for Injuries on Your Property?

Most homeowners understand they need to keep their property safe for guests. But sometimes people enter your property because they are attracted by features that look appealing. These visitors may be children who don’t understand the inherent risks of property or they could be trespassers. The insurance term for potential problematic things that attract people onto your property is attractive nuisance.


What is an attractive nuisance?

An attractive nuisance is an insurance term meaning something on someone’s property that may attract kids but could ultimately harm them. Being aware of potential attractive nuisances on your property can keep everyone safe and keep you from being sued. Here are some of the top nuisances:

  • Things with water such as a swimming pool, a well, or a man-made fountain
  • Animals, including pets who may see interlopers as a threat
  • Potential weapons, including archery sets and lawn darts
  • Things you can climb on such as ladders, scaffolding, farm machinery, stairs, paths, roofs.
  • Things you can climb in such as boxes, ditches, cellars
  • Construction projects like a home remodel
  • Things that are not well maintained, such as broken stairs, gates or glass windows.

How can an attractive nuisance get you into trouble?

If you were aware of the potential for children in your neighborhood or area to come onto your land and explore, you need to take precautions to alert them of dangers.

  1. Talk with neighbors and explain your concerns.
  2. Post a sign warning people of a not-so-friendly dog or other hazard.
  3. Use your garage or shed to keep the dangerous item out of harm’s way.
  4. Get rid of things you aren’t using that could potentially pose a hazard to others.
  5. Keep your property in good repair to prevent potential dangers.

Taking precautions to keep kids in your area safe not only gives you peace of mind, but it also creates for more peaceful and happy neighborhoods in which to live.


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