The Doctrine of Attractive Nuisance

There are many doctrines in civil and criminal law but one legal concept which makes me think and analyze is the doctrine is attractive nuisance.

As a general rule, when people come to the lands or premises of others for their own purposes, without right or invitation, they must take the lands or premises as they see them. According to American Jurisprudence, if such persons are exposed to injury from unseen dangers, the responsibility therefore is upon themselves.

However, we can cite as an exception to this rule absolving from liability owners or occupants of premises, in reference to injuries sustained by persons trespassing upon their property, is the co-called “attractive nuisance” doctrine.

The doctrine explains that when a person who maintains in his premises a dangerous instrumentality of a character which is attractive to children of tender years at play and who fails to exercise due diligence to prevent such children from playing therewith or resorting thereto, is liable to a child who is injured thereby, even if the child is technically a trespasser.

Hence, when an electric establishment, for instance, left an object that will attract children at play such as detonators or fulminating caps causing injuries to them, the employees responsible can be held liable for the injuries sustained by the children.

Chief Justice Colley in a decision said that “children, wherever they go, must be expected to act upon childlike instincts and impulses; and others who are chargeable with a duty of care and caution toward them must calculate upon this and take precautions accordingly. If they leave exposed to the observation of the children anything which would be tempting to them, and which they were at liberty to handle or play with, they should expect the liberty to be taken…”

The doctrine is anchored on a sound policy that is generally acknowledged in the legal world. Conservation of child life or safety as to artificial perils is one of such importance that ordinary care may well hold everyone responsible for creating or maintaining a condition involving any such peril, with reasonable ground for apprehending that children of tender years may probably be allured thereinto (American Jurisprudence, as cited by De Leon).