If you are a homeowner and looking for the perfect insurance policy for your home, you need to know some very important things so that you don’t get in trouble later due to ignorance. Rates for homeowners insurances are based on many factors. If there is a high chance that one can get injured or attacked on the property of a policy holder, it can make the insurance rates significantly higher than other rates. And the things or factors that can increase the rates by being on your property are known as ‘attractive nuisances’. In order to make sure that you are properly protected from such issues, make sure that you get the help of a public adjuster as they can give you the best possible information.
What is an Attractive Nuisance
An attractive nuisance is basically a feature of any property that is both attractive and dangerous for people at the same time, a fatal attraction. So, attractive nuisances can be classified as any kind of potentially dangerous features on a property that has the possibility to entice or lure people, specially little children into dangerous or unsafe situations.
These nuisances can be something as obvious as a swimming pool or trampoline to other lesser known risks such as a low-hanging roof or landscape designs, playground equipment, tree house, or broken down vehicle or appliance etc. Features such as these are like magnets for children as they have a natural curiosity for fun and propensity for adventure, and even though you can technically call it trespassing, in the case of an injury or something worse, you’re likely to be found liable in the court.
Some Common Examples of Attractive Nuisance
There are many examples of attractive nuisances. But there are some natural things that you can’t be held liable for such as ponds, cliffs, falling trees (not if they are old) or wild animal attacks on your property. But some common things you can be held liable for are-
Water Features: Swimming pools are a commonly known attractive nuisance, but other water features like fountains or wells can also result in drowning, and therefore are known as attractive nuisances.
Low Rooftop: As children like to climb, they might try to climb to your rooftop if it is easily accessible from ground and that can lead to accidents such as falls.
Playground Equipment: Slides, climbing equipment, swings, treehouses, trampolines, ziplines etc. are favorites of children, but they can cause injuries at times if not maintained properly or repaired when broken.
Construction and Lawn Equipment: Exposed power tools, ladders, and machinery like lawn mowers and leaf blowers aren’t the only dangerous thing to lie around, woodpiles, building materials, discarded scrap can also be dangerous.
Point to be noted, being eligible to get insurance coverage for such damages depends on the reason behind the damage. For example, if your rooftop is damaged due to lightning, you might receive coverage by filing a lightning damage claim.
There are many more less apparent nuisances beyond the mentioned ones, such as sand piles, paths, and stairs. So, it’s a good idea to consult with your independent insurance agent or adjuster what features might influence the insurance rates.
What Is the Attractive Nuisance Doctrine?
Courts have established the law that homeowners that have an attractive nuisance on their property have a responsibility to take measures to protect children from harm. This law states that homeowners can potentially be held responsible if a child gets injured on their property due to an attractive nuisance. It can be any kind of object that is potentially dangerous while being inviting to children simultaneously. But for a homeowner to be found responsible, the accident will have to meet certain criteria. These criteria are-
- The homeowner has the knowledge that there is a chance children might trespass on their property
- An attractive nuisance on the land has the ability to cause harm or death to someone, specially children
- The child or the children that were harmed are too young to understand that something can be dangerous
- The cost to maintain the attractive nuisance is smaller than the risk it poses to little children
- The homeowner’s failure to take necessary action to get rid of the attractive nuisance
The Attractive Nuisance Doctrine simply indicates that if it’s reasonably possible to provide children safety against any attractive nuisance, then the homeowner is obliged to do so. Once the protection and safety measures have been taken, the homeowner should purchase the suitable amount of homeowners insurance.
How Attractive Nuisances can Affect the Insurance Rates for Homeowners?
At first you should think twice before having attractive nuisances like swimming pools or trampolines at your home. But if you get them anyway, your homeowner insurance premiums are likely to go up by a lot. Some companies might even completely deny your coverage. In the case of having attractive nuisances like pools or others at your home, you can consider raising your liability limits and then invest in an umbrella insurance policy on top of that. This part of your homeowners insurance policy can pay for your court costs and any judgments that might go against you, including the medical bills of an injured party.
If you have any of the attractive nuisances on your property, you must take all the possible precautions to ensure safety for the children and make them understand safety guidelines. You can also discourage them from playing in, on or near them. Once you’ve done all that and secured the appropriate amount of insurance, you should be able to comfortably start living in your home and throw family gatherings and parties and stuff.
Final Words
So, as you already know that even though the ‘attractive nuisances’ have a pretty name, they are not pretty in nature and they can actually cost you a lot of money if you are not cautious enough. So, be aware of the nuisances and take necessary precautions if you have any of them at your home. And take your insurance policies accordingly.
