Have a trampoline on your property? Here’s what you need to know!
The attractive nuisance doctrine applies to civil law in the United States. It basically says that a landowner may be held liable for injuries to children who are trespassing onto the landowners land if the injury to the child is caused by an object on the land that is likely to attract children. It’s been said that the spirit of the law is to protect children who are not able to appreciate the risks associated with certain objects and as such, the attractive nuisance doctrine assigns liability to you, the landowner.
Say what?
In other words, if you have an object or objects on your property that a kid would want to play on and a child is injured as a result of playing on the object or objects. You may be liable even if the child is trespassing onto your land.
Can you give me an example of an attractive nuisance?
Some examples include trampolines, skateboard ramps, bicycle ramps, empty pools, cars on blocks, abandoned cars, appliances or other debris in yard such as a lumber or dirt pile, etc etc. To be fair, it could be virtually anything.
Here’s what you need to know…
Insurance companies, in an attempt to mitigate their risk and keep insurance rates low, typically will deny coverage up front when you apply for home insurance or cancel your policy if your property has obvious signs of an attractive nuisance.
The reason is that your home insurance policy typically will provide coverage for liability. And part of that liability coverage is to provide for your defense in the event of a claim where somebody is injured. If the insurance company is aware of high-risk objects on your property, they are also increasing their likelihood of a future claim.
With that said there are some insurance companies that will allow trampolines or diving boards, but they’ll either charge you additional premium or require that you sign a disclosure acknowledging that liability and medical coverage is specifically excluded from your policy.
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