ATTRACTIVE NUISANCE

DOCTRINE OF ATTRACTIVE NUISANCE

One who maintains on his estate or premises an attractive nuisance without exercising due case to prevent children from playing therewith or resorting thereto, is liable to a child of tender years who is injured thereby, even if the child is technically a trespasser in the premises. (Jarco Marketing Corp. v. CA, 117 SCAD 818, 321 SCRA 375 (1991), Paras, p. 741)

BASIS FOR THE LIABILITY

The attractiveness is an invitation to children. Safeguards to prevent danger must therefore be set up.

ELEMENTS OF ATTRACTIVE NUISANCE

1. It must be attractive

2. Dangerous to children of tender years.

SWIMMING POOL

A swimming pool or water tank is not an attractive nuisance, for while it is attractive, it is merely an imitation of the work of nature. Hence, if small children are drowned in an attractive water tank of another, the owner is not liable even if there be no guards in the premises (Hidalgo Enterprises v. Balandan, et. al, L‐3422 Jun. 13, 1952).

Exception: Swimming pool with dangerous slides

The doctrine of attractive nuisance does not generally apply to bodies of water, artificial as well as natural in the absence of some unusual condition or artificial other than the mere water and its location.

DISCLAIMER: The author is not lawyer nor an authority on this topic. It is a product of humble research and study of law. It should not be used as sole basis in filing a case, instead, consult your lawyer for proper legal advice.

Neil Christian

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