Q: What is attractive nuisance and do you have to be a kid for it to apply in a premises liability claim?
A: Attractive nuisance is a legal fiction that turns a child trespasser into an "invitee" in the eyes of the law. The doctrine springs from the idea that children are not responsible for knowing they are entering upon private land; especially if there is something about the land that "attracts" them to enter upon it. Therefore, children can not be called "trespassers" and the land owner owes them the same duty of care he would owe to someone whom he had "invited" to enter upon his property. However, Maryland remains one of the minority states that does not recognize the attractive nuisance doctrine; leaving a land holder's duty of care to children to be the same as any other person.
A: Contact a member of the Md. Assn for Justice--they give free consults.
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