Attractive Hazards on Your Property: Why Pools and Trampolines Can Create Problems for Homeowners?
What Can Be Considered an Attractive Nuisance?
Shanti
8/29/20263 min read
Attractive Hazards on Your Property
Why Pools and Trampolines Can Create Problems for Homeowners?
Some features or equipment found around a home may be very appealing to children while also creating serious risks. In insurance and liability law, these are commonly referred to as an Attractive Nuisance, meaning a dangerous condition that may attract children.
A swimming pool, trampoline, treehouse, or playground equipment may initially appear to be nothing more than a source of entertainment. However, if a child gains access to one of these features and is injured, the property owner may be held responsible. In some situations, this may be true even if the child entered the property without permission.
What Can Be Considered an Attractive Nuisance?
Not every dangerous object is automatically considered an attractive nuisance, but common examples include:
• Swimming pools, hot tubs, ponds, and fountains
• Trampolines and children’s playground equipment
• Treehouses
• Wells, pits, or open trenches
• Ladders and scaffolding
• Machinery and power tools
• Construction equipment
• Abandoned vehicles or other forms of transportation
The common characteristic of these items is that they may attract a child who, because of age, may not be able to fully understand the danger involved.
What Happens if a Child Enters the Property Without Permission?
Generally, a property owner’s responsibility toward someone who enters the property without permission is limited. However, the rules may be different when children are involved.
Under the attractive nuisance doctrine, if a property owner knows or should reasonably know that children may gain access to a dangerous condition, the owner may be required to take reasonable steps to prevent an accident.
In Texas, this doctrine may apply under certain circumstances when a child enters a property without permission. However, responsibility depends on factors such as the child’s age and ability to understand the danger, the type of hazard, the likelihood that children may enter the property, and the safety measures taken by the property owner.
For example, if a swimming pool does not have a fence or a locking gate and a child gains access to it, the homeowner may face a liability claim.
Does Homeowners Insurance Cover These Accidents?
The Personal Liability section of a Homeowners insurance policy generally provides coverage for certain claims involving bodily injury or property damage suffered by others. This coverage may pay legal defense expenses, settlement costs, or damages awarded against the homeowner, up to the policy limit. However, having Homeowners insurance does not mean that every accident will be covered without restrictions. Some insurance companies may:
• Refuse to insure a property with a swimming pool or trampoline
• Apply coverage limitations or exclusions
• Require a fence, locking gate, or safety net
• Charge a higher premium
For this reason, homeowners should inform their insurance company about these features when purchasing or renewing a policy. Failure to disclose them could create problems when a claim is reviewed. Coverage details also vary among insurance companies and policies.
How Can You Reduce Your Risk and Liability?
Several simple precautions can significantly reduce the likelihood of an accident and liability claim.
1. Secure Your Swimming Pool
Install a proper fence around the entire pool and use a gate that closes and locks automatically. Never leave the pool entrance open. Remove or secure the ladder of an above ground pool when it is not being used.
2. Make Your Trampoline Safer
A trampoline should have a properly maintained safety net, protective padding, and controlled access. Children should never be allowed to use it without adult supervision.
3. Lock Away Tools and Equipment
Keep lawn mowers, saws, power tools, ladders, and hazardous materials locked in a secure area and out of the reach of children.
4. Block Access to Construction Areas
Open pits, scaffolding, construction materials, and machinery may attract children. These areas should be protected with appropriate fencing or barriers.
Make sure your insurance company knows about any swimming pool, trampoline, or similar equipment on your property. You should also confirm that your Personal Liability coverage limit is sufficient for your assets and level of risk.
Do You Need Umbrella Insurance?
If you have a swimming pool, trampoline, or another feature that increases the possibility of an accident, the liability limit of your Homeowners insurance policy may not be enough.
Personal Umbrella insurance can provide additional liability protection after the limit of your primary insurance policy has been reached. This coverage may be especially valuable for people who own a home or have significant income, savings, or other assets.
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