As a parent, your top priority is keeping your child safe. But kids are naturally curious, and sometimes that curiosity leads them into dangerous situations. In Wisconsin, if your child is injured on someone else’s property, the attractive nuisance doctrine may come into play. This legal principle helps protect children who are drawn to potentially hazardous features like swimming pools, old machinery, or construction sites.
In this blog, we’ll explain how the attractive nuisance doctrine works, how Wisconsin law addresses injuries involving children on private property, and how an experienced premises liability lawyer can help your case.
What Is the Attractive Nuisance Doctrine?
The attractive nuisance doctrine is a legal principle that holds property owners responsible when a child is injured by something dangerous on their property that is likely to draw a child in. These hazards—like swimming pools, trampolines, old appliances, or heavy equipment—may seem harmless to a curious child but can pose serious risks.
Under Wisconsin law, children are not expected to recognize dangers like adults do. Because of that, property owners have a legal duty to take reasonable steps to protect children from features on their property that might be considered “attractive nuisances.”
This doctrine is an exception to general trespassing laws. Normally, a person who trespasses on private property does so at their own risk. When it comes to children, however, the law recognizes that they may not fully understand what trespassing means or how dangerous a situation might be.
How Wisconsin Law Applies
Wisconsin follows principles from the Restatement (Second) of Torts, which outlines the attractive nuisance doctrine. This means the state often focuses on what the property owner knew—or should have known—about both the hazard and the likelihood of children encountering it. Courts look closely at factors like whether the danger was obvious to a child, whether it was secured, and how easy it would have been to eliminate or reduce the risk.
For example, imagine a backyard in a suburban neighborhood with a large, unfenced swimming pool. If neighborhood children frequently cut through the property and one day a child drowns, the homeowner could potentially be held liable for failing to install a proper barrier, especially if they were aware that kids often passed through the yard.
While every case depends on its specific facts, Wisconsin courts tend to weigh a child’s safety heavily in these scenarios. If your child has been hurt and you believe a dangerous property condition played a role, it’s worth speaking to an attorney familiar with how these laws apply locally.
Common Examples of Attractive Nuisances
The law doesn’t provide a strict list of what qualifies as an attractive nuisance, but certain features tend to show up in these cases more often than others, including:
- Swimming pools without fences or covers: Pools are among the most well-known attractive nuisances. A homeowner may be held liable if a pool is left open and unfenced, especially if there are no warning signs or locked gates in place.
- Trampolines or playsets without supervision: Play equipment naturally attracts children. Without proper safety measures, like secure fencing or adult supervision, these fun features can quickly turn dangerous.
- Abandoned vehicles or construction equipment: Old cars, tractors, or construction gear might seem like exciting places to play, especially for curious kids. If left unsecured or in accessible areas, they can pose a serious risk.
- Unsecured machinery or power tools: Tools and machinery can be especially hazardous. Children may not understand how dangerous these items are until it’s too late.
- Holes or excavations in the ground: Open pits, trenches, or even deep ditches can be difficult to see and incredibly unsafe, especially for younger children who might not recognize the danger.
- Roof access via ladders or scaffolding: Ladders, scaffolding, or anything that makes a rooftop accessible can become a magnet for adventurous kids. Without proper barriers or removal, these setups can lead to severe injuries.
Each of these examples shares a common thread: they’re the kinds of things that might attract a child’s attention while posing a hidden risk. When these hazards aren’t properly secured or addressed, property owners may be held liable for injuries under the attractive nuisance doctrine.
Legal Elements Required to Prove an Attractive Nuisance Claim
If your child has been hurt because of a dangerous condition on someone else’s property, it’s important to understand what needs to be shown in an attractive nuisance case. These claims are fact-specific, but courts generally look for a few key elements:
- The property owner knew or should have known that children were likely to trespass. This means the owner was aware—or reasonably should have been—that children might be drawn to the property or the specific feature that caused the injury.
- The condition posed an unreasonable risk of harm to children. The hazard must be something that could seriously injure a child, and the owner knew or should have known about that risk.
- The child did not understand the risk involved. A child’s age, experience, and maturity all factor into how their understanding is evaluated.
- The risk to children outweighs the burden of fixing the hazard. In other words, if it had been relatively easy or inexpensive for the property owner to eliminate the danger, or at least make it less accessible, they should have taken steps to do so.
- The property owner failed to take reasonable steps to eliminate the danger or protect children. This could include putting up a fence, locking away equipment, or posting warning signs.
Real-Life Consequences: Injuries That Can Result
When children encounter dangerous property conditions, the results can be devastating. Their natural curiosity—and lack of understanding about risk—can lead to serious, sometimes life-threatening injuries. Some of the most common injuries resulting from attractive nuisance cases are:
- Drownings and near-drownings: Unfenced or uncovered swimming pools and other water features are one of the most common sources of tragic accidents. Even a momentary lapse in supervision can result in permanent brain damage or loss of life.
- Broken bones or spinal injuries from falls: Trampolines, ladders, scaffolding, or treehouses can all lead to falls that cause broken bones, head injuries, or long-term spinal damage
- Electrical burns or other injuries from tampering with equipment: Children may come into contact with power tools, exposed wiring, or old appliances without understanding the danger. These situations can result in severe burns, electrocution, or other traumatic injuries.
- Suffocation or entrapment hazards: Old refrigerators, abandoned vehicles, or small enclosed spaces can quickly become deadly if a child becomes trapped and unable to escape.
Property Owner Responsibilities and Best Practices
Property owners have a legal and moral responsibility to help keep children safe on their property. Taking simple precautions can make a big difference and may help prevent serious accidents.
- Install fences or secure gates around pools or trampolines: Barriers like locked gates or tall fences are some of the most effective ways to keep unsupervised children away from dangerous play areas or water features.
- Remove or secure ladders, tools, and machinery: Ladders that lead to rooftops, unattended tools, or heavy equipment should always be stored out of reach or locked away to reduce temptation and risk.
- Put up warning signs: While signs alone may not stop a determined child, they can alert parents and older kids to potential hazards and show that the property owner took some precautionary steps.
- Regularly inspect property for hazards: Conditions change with time and weather. Property owners should routinely check their land for anything new that could pose a danger, like a fallen fence, an uncovered hole, or unsecured equipment.
- Be mindful of neighborhood children or common trespassing patterns: If you know kids tend to cut through your yard or play nearby, it’s especially important to take extra care. Courts may consider what the property owner knew—or should have known—about how children interact with the area.
When Parents or Guardians Might Still Share Responsibility
While property owners may be held responsible for injuries children sustain on their property under the attractive nuisance doctrine, there are situations where a parent or guardian may also share some legal responsibility. Wisconsin follows a comparative negligence system, which means fault can be divided between multiple parties, including the child’s guardians.
If a court determines that a parent or guardian contributed to the circumstances that led to the injury, this may affect the outcome of a claim. If a child was knowingly allowed to wander near dangerous property, or if the parent ignored known risks, that may factor into the legal analysis. The more responsibility the parent is found to have, the more it could reduce any damages awarded.
What to Do If Your Child Is Injured
When your child is hurt on someone else’s property, it can be hard to know what to do next. Emotions run high, and time is of the essence. Taking the right steps early on can make all the difference—not only for your child’s recovery, but also if you decide to pursue legal action. Here’s what to do:
- Get medical attention right away: Your child’s health and safety come first. Even if the injury doesn’t seem serious, always have them checked out by a medical professional. Some injuries take time to show symptoms.
- Document the scene: If it’s safe to do so, take photos or videos of where the injury occurred. Try to capture any hazards, lack of fencing or warning signs, or anything else that might have contributed to the incident.
- Collect contact information: If there were witnesses—neighbors, workers, or anyone nearby—get their names and phone numbers. Their perspective could be helpful later.
- Keep records of everything: Save all medical reports, bills, prescriptions, and any written communication related to the injury. This documentation may be important if a claim is filed.
- Contact a premises liability attorney: If you suspect the property owner was negligent, speak with an attorney familiar with attractive nuisance and premises liability cases. They can assess the situation and explain your legal options.
Property conditions can change quickly, and Wisconsin has deadlines for filing injury claims. Acting quickly helps preserve evidence and gives your attorney the best chance to build a strong case.
How Murphy & Prachthauser Can Help
At Murphy & Prachthauser, we’ve spent decades helping Wisconsin families navigate the legal challenges that come with serious injuries, including those involving children and unsafe property conditions. Our team has extensive experience handling premises liability cases and understands how the attractive nuisance doctrine applies under Wisconsin law.
We know these cases are deeply personal. That’s why we approach every situation with compassion, clear communication, and a commitment to doing what’s right for your family. From the first consultation through resolution, we’ll work closely with you to protect your child’s best interests and hold negligent property owners accountable.
Conclusion
No parent ever expects their child to be seriously injured while exploring a neighborhood yard or walking past a construction site—but it happens. When it does, the legal process can feel overwhelming, especially while you’re focused on your child’s recovery. Understanding how Wisconsin’s attractive nuisance laws work is an important step toward protecting your family’s rights.If you believe a property owner’s negligence contributed to your child’s injury, you don’t have to face the next steps alone. Contact Murphy & Prachthauser today for a free consultation. Our team is here to listen, answer your questions, and help you understand your options with care and experience you can trust.