In Louisiana, property owners generally do not owe a legal duty to trespassers, so they don’t need to ensure the safety of said intruders, regardless of age. However, there is a notable exception to this rule, and it’s commonly known as the "attractive nuisance doctrine."

This principle is designed to protect children who, due to their immature understanding of danger, maybe lured onto a property by enticing hazards, potentially resulting in injury or death. For this blog post, the team at Mark W. Smith & Associates is going to explain how this doctrine works, then shift into helping you avoid any unforeseen incidents, protecting both your property and any kids who might inadvertently endanger themselves.

Allure vs. Awareness: The Curious Child's Danger Zone

While seemingly harmless to adults, certain features of your property can pose a significant danger to young children who lack the judgment or risk assessment skills to avoid them.

  • The attractive nuisance doctrine imposes a duty of care on property owners when such features present a potential for injury to a child.
  • Even if trespassing is involved, property owners can be held liable for injuries sustained by children in specific circumstances.
  • Simply posting "No Trespassing" signs is not enough to protect you from liability, as many young children may not yet have developed strong reading skills.

What Qualifies as an Attractive Nuisance in Louisiana?

A crucial factor in determining whether an attractive nuisance exists is the presence or absence of "artificial enticements" – man-made structures, objects, or conditions that are appealing to children yet significantly hazardous.

In Louisiana, an attractive nuisance matter might concern any of the following:

  • Treehouses
  • Abandoned vehicles or recreational equipment (ATVs, mowers, etc.)
  • Trampolines
  • Construction sites
  • Leftover building materials or tools (lumber piles, sandboxes, ladders)
  • Rope swings
  • Swimming pools

Unsecured pools pose a particularly serious danger to young children: statistics from the Centers for Disease Control and Prevention (CDC) reveal that unintentional drowning is a leading cause of childhood deaths in the United States, with children aged 1-4 having the highest drowning rates.

Securing Your Property and Keeping Kids Safe

To help avoid liability under the attractive nuisance doctrine:

  • Secure Potential Hazards: Install fencing around pools and other enticing dangers. Fences should be at least four feet high and constructed with materials difficult for children to climb. Pool gates should have self-closing and locking mechanisms, and pool alarms can provide an extra layer of safety. Consider using a pool cover for added protection.
  • Eliminate Allurements: Remove any unused objects or materials that could be appealing to kids. Store tools and equipment securely.
  • Talk With Your Neighbors: If your property features any attractive nuisances, warn your neighbors, especially those with children. Likewise, inform them about any future projects that might create an attractive nuisance.

Fortunately, the attractive nuisance doctrine in Louisiana typically does not apply to natural features on your property like ponds, streams, or trees. Rather, it focuses on man-made objects designed and built by people.

If you still have questions about the attractive nuisance doctrine in our state, contact the team at Mark W. Smith & Associates, Attorneys at Law, by calling our Metairie office at 504-224-8388 or contacting us online. We look forward to serving you.