Pools and Ponds Can Be Attractive Nuisances

In Indiana, a property owner can be held liable for injuries a child may suffer if the child is attracted onto property by dangerous machinery, equipment or conditions left exposed so as to draw or tempt a child onto the property to play. Of course, the owner must have knowledge of the condition, and must know that children do or are likely to trespass and be injured. The rule does not apply to dangerous conditions that are obvious, or common to nature, because children are presumed to be instructed on such dangers. Thus, a swimming pool in a park, whether artificially constructed or part of a natural pond or lake, arguably may not qualify as an attractive nuisance, unless there is some hidden danger to it. Yet, a swimming pool or other body of water might be considered an attractive nuisance, where there are specific facts to the situation that amounts to a hidden danger. The hidden danger of thin ice on a pond, for example, might very well qualify as an attractive nuisance. In every case involving a child injury related to a pond or swimming pool, always consult an attorney for advice.