What Is an Attractive Nuisance?
Adding security features and insurance, or simply getting rid of the annoyance, strengthens your financial security.
Maybe you used to sneak into your neighbor's swimming pool as a kid. Perhaps you jumped on their trampoline when they weren't looking or made a fort out of their pile of random junk.
These youthful transgressions appear innocuous to a child. However, due to a legal principle known as the attractive nuisance doctrine, such acts of rebellion can pose a serious liability problem for a homeowner.
What is an attractive nuisance?
A swimming pool, trampoline, and pile of debris are all examples of "attractive nuisances" — features on your property that entice children to use them even without your permission and may endanger them. Other appealing annoyances include:
- Construction equipment.
- Nonworking cars.
- Playground equipment.
- Old appliances.
- Tree houses.
Under the attractive nuisance doctrine, you have a legal obligation as a homeowner to either make the attraction inaccessible to curious children or to completely eliminate the danger. Here are a few ideas for reducing the risk of attractive nuisances on your property.
Get rid of it
If you already have something that could be considered an attractive nuisance, getting rid of it is the simplest way to reduce your risk and save money on home insurance. However, how practical that is depends on a few factors.
The cost of getting rid of a nuisance on your property can vary. If you need an old junker removed, some charitable organizations, such as Wheels for Wishes and Goodwill, will tow it away for free, and the donation is tax-deductible. Renting a dumpster to dispose of your debris could cost between $200 and $800, depending on the size of the dumpster and the length of the rental.
However, removing an above-ground pool or filling in an in-ground pool can be far more expensive. It could cost $10,000 or more depending on the removal method and the size of the pool.
Of course, you may not want to get rid of a swimming pool or something else simply because it raises your annual homeowners insurance premium.
Secure the area around the attractive nuisance
Consult with your homeowners insurance provider to ensure that you are covered for anything that could be considered an attractive nuisance. According to Karen Collins, assistant vice president of personal lines at the American Property Casualty Insurance Association, strengthening your insurance coverage should ideally begin before the nuisance arrives on your property.
"Being transparent and forthcoming with [your insurer] will always set you up for a better experience because you won't be caught off guard" if your policy doesn't fully cover an accident, according to Collins.
One option for avoiding a major liability issue is to erect a barrier. Collins points out that, depending on the annoyance, your insurer may require you to take specific precautions in order to obtain coverage.
A carrier may require you to install a fully enclosed fence with a self-closing and self-latching gate if you have a pool. Some states, including Florida and Arizona, already have laws requiring these safety precautions in certain situations.
Barriers come in all shapes and sizes, and it is your responsibility to ensure that the barrier is functioning properly. Check that the latching mechanisms are always in working order and that no fence rails are too narrow to fit through.
Securing nuisances can also be as simple as laying a ladder flat on the ground, locking away power tools, and clearly marking any potentially dangerous areas.
Expand your insurance coverage
If you are found to be at fault in an accident, insurance can provide a substantial safety net. Homeowners insurance policies typically include $100,000 in liability coverage, but you may want to increase that amount to at least $300,000 if you have an attractive nuisance on your property.
Adding personal umbrella insurance to your homeowners policy can also help to alleviate your concerns. According to the Insurance Information Institute, umbrella policies provide additional liability coverage with a high limit — often starting at $1 million — for about $150 to $300 per year.
According to Anthony Kondos, a State Farm agent in Portland, Oregon, an umbrella policy can make a significant difference if you are held liable for an injury.
"Even if you don't have much to lose, you could still face things like wage garnishments, which could be deducted from your paycheck for several years," he says.
An umbrella policy will cover your legal defense costs in addition to any payouts that you are responsible for, without affecting the overall limit on your policy. For example, if you are held liable for $1 million and incur $200,000 in legal fees, your insurance company will cover everything as long as you have $1 million in umbrella coverage.
If you don't plan ahead and address potential issues, attractive nuisances can get you in trouble. Even if unintentional, inaction can have serious consequences.
"We don't intend to fail," says Kondos. "We don't plan."