What is ATTRACTIVE NUISANCE DOCTRINE? Definition of ATTRACTIVE NUISANCE DOCTRINE in Black's Law Dictionary
The doctrine is that one maintaining on his premises a condition, instrumentality, machine or other agency,
which is dangerous to young children because of their inability to appreciate peril and may reasonably be expected to attract them to premises, owes duty to exercise reasonable care to protect them against dangers of such attraction. Schock v. Ringling Bros. and Barnum & Bailey Combined Shows, 5 Wash.2d 599, 105 P.2d 838, 843.
The doctrine, is that person who has an instrumentality, agency, or condition upon his own premises, or who creates such condition on the premises of another, or in a public place, which may reasonably be apprehended to be a source of danger to children, is under a duty to take such precautions as a reasonably prudent man would take to prevent injury to children of tender years whom he knows to be accustomed to resort there, or who may, by reason of something there which may be expected to attract them, come there to play. Atlantic Coast Line R. Co. v. O'Neal, 48 Ga.App. 706, 172 S.E. 740, 741. It does not apply to natural condition or common dangers existing in order of nature, McCall v. McCallie, 48 Ga.App. 99, 171 S.E. 843, 844, applies only in favor of children of tender years, too young to appreciate danger. Drew v. Lett, 95 Ind. App. 89, 182 N.E. 547, 548. Requires that the attraction be visible from a public place or a place where children have a right to be. Rokicki v. Polish Nat. Alliance of United States of North America, 314 Ill.App. 380, 41 N.E.2d 300.
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