Homeowners in South Carolina should be very clear on what an attractive nuisance is. These are items that can be reasonably expected to get the attention of curious young people. They also pose a danger to those young people. The most common example of an attractive nuisance is a swimming pool, but old appliances, non-running cars and trampolines are all considered attractive nuisances, too. Having these things on your property can be an invitation to liability, unless they’re managed properly.
Why are they nuisances?
Children have been injured or even killed in incidents with swimming pools and appliances like old refrigerators that were accessible on others’ property. What’s more, the owners of those attractive nuisances have been held liable for those injuries and deaths. Today, insurance companies and courts readily recognize such hazards as a cause of premises liability claims.
Managing attractive nuisances
There are two major paths to take in managing an attractive nuisance. The first is to eliminate it, and the second is to secure it. Eliminating a nuisance like a car that no longer runs can be inexpensive. Charities like Goodwill will commonly pick them up for free.
When it comes to something like a swimming pool, removing it would be costly. While it would reduce your liability insurance, it would also reduce your enjoyment of the home. In cases like that, the prudent thing to do is secure the area around the nuisance. For a swimming pool, this is most often done with a fence.
If you have an attractive nuisance on your property, it’s worth speaking with professionals like your lawyer and insurance agent about the issue. They can help you understand how to lower your liability and decrease the risk to children in your family and neighborhood.