Maybe you sneaked into your neighbor’s swimming pool as a kid. Perhaps you jumped on their trampoline while they were away or built a fort out of their miscellaneous items.
To a child, these youthful indiscretions seem pretty harmless. However, for a homeowner, such acts of rebellion might result in a significant liability issue due to a legal theory known as the attractive nuisance doctrine.
What is an attractive nuisance?
A swimming pool, trampoline, and rubbish pile are all examples of an “attractive nuisance” – a fixture on your property that entices youngsters to use it without your consent and may do them injury. Other pleasant nuisances include:
- Construction equipment.
- Non Working cars.
- Playground equipment.
- Old appliances.
- Tree houses.
The attractive nuisance theory requires you as a homeowner to either make the attraction inaccessible to curious children or completely eliminate the threat. Here are a few tips for reducing the likelihood of appealing nuisances on your home.
Get rid of it
If you already have something that could be deemed an enticing nuisance, the simplest method to lower your risk and save money on home insurance is to get rid of it. However, the practicality of this is determined by a number of circumstances.
The cost of eliminating a nuisance from your property varies. If you need to get rid of an old junker, certain charities, such as Wheels for Wishes and Goodwill, will transport it away for free, and the donation is tax deductible. Renting a dumpster to dispose of your garbage might cost between $200 and $800, depending on the size and duration of the rental.
On the other hand, removing an above-ground pool or filling in an in-ground pool might be far more expensive. Depending on the removal method and pool size, the cost might be $10,000 or higher.
Of course, you may not want to remove the inconvenience of a swimming pool or something else simply because it raises your annual home insurance premium.
Secure the area around the attractive nuisance
Consult with your homeowners insurance provider to ensure that you are covered for anything that could be considered an enticing nuisance. Karen Collins, assistant vice president of personal lines at the American Property Casualty Insurance Association, recommends that you increase your insurance coverage before the nuisance arrives on your property.
“Being transparent and forthcoming with [your insurer] will always set you up for a better experience because you’re not caught off guard” if your policy does not fully cover an accident, Collins says.
Putting up a barrier is one approach for avoiding a huge liability risk. Collins points out that depending on the annoyance, your insurance may need you to take specific actions to obtain coverage.
For a pool, a carrier may ask you to create a fully enclosed fence with a self-closing and self-latching gate. Some states, such as Florida and Arizona, already have laws mandating certain safety steps to be in place in specific situations.
Barriers take many shapes, and it is your responsibility to ensure that the barrier is functioning properly. Confirm that the latching mechanisms are constantly operational and that any fence rails are too narrow to pass through.
Securing nuisances can be as simple as laying a ladder level on the ground, locking away power tools, and clearly identifying any potentially dangerous spots.
Expand your insurance coverage
If you are judged liable for an accident, insurance might provide a significant safety net. Homeowners insurance policies normally include liability coverage beginning at $100,000, but if you have an attractive nuisance on your property, you may want to increase that amount to $300,000.
Adding personal umbrella insurance to your homeowners policy can also make you feel more at peace. According to the Insurance Information Institute, umbrella insurance provides supplemental liability coverage with a high limit, frequently starting at $1 million, for between $150 and $300 per year.
According to Anthony Kondos, a State Farm agent in Portland, Oregon, having an umbrella insurance can make a major difference if you’re responsible for an injury.
“Even if you don’t have a lot to lose, you could still face things like wage garnishments that you could be having docked out of your paycheck for several years,” he points out.
In addition to paying any payouts for which you are accountable, an umbrella insurance will cover your legal defense costs without affecting your policy’s overall maximum. For example, if you are found accountable for $1 million and must pay $200,000 in legal fees, your insurance provider will cover everything as long as you have $1 million in umbrella coverage.
Attractive nuisances might get you in trouble if you don’t plan ahead and manage prospective issues. Inaction, even when unintended, can have catastrophic repercussions.
“We don’t plan to fail,” Kondos says. “We fail to plan.”
