Behind the Bit

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Attractive nuisance: It's not a backward compliment Part I Posted: 16 Dec 2009 01:47 PM PST If you keep a horse on your property, you may have thought about potential liability in the event your horse hurts someone. People do stupid things around horses -- just look at Youtube. The attractive nuisance doctrine is one legal concept that can apply to horses. Disclaimer, disclaimer! I'm not a lawyer. But I've read a little on the subject, Any legal eagles out there, feel free to jump in with comments. What's an attractive nuisance? The attractive nuisance doctrine originated in the late nineteenth century, after an alarming number of children were seriously injured or killed playing on railroad turntables. Going against the legal tradition that landowners had no duty to protect trespassers, courts were now ruling that children were an exception. The attractive nuisance doctrine specifically protects children. Property owners who have dangerous equipment or objects that are likely to attract children could be liable if kids are injured. An attractive nuisance is anything on a property that is artificially created that could pose a danger to a child who is too young to perceive risk or danger. A lake, cliff, or a particularly inviting oak tree would not be an attractive nuisance. A swimming pool, power tools, an old well, or a rider mower with keys in the ignition would be an attractive nuisance. The bottom line As a property owner, you could be held liable if a child is drawn by curiosity to something on your property that results in injury. If you have an old freezer out by the garage, you need to remove the door. If you have a swimming pool, you should fence it in. What if you have a horse? Stay tuned for part II

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