What is an attractive nuisance under tort law?
An attractive nuisance is a situation where you have, for example, a railroad with a turnstile that looks maybe like a merry-go-round, and kids may want to go play on that turnstile. That might be deemed an attractive nuisance to those kids. And, if there’s a big gaping hole in the fence at the train yard, then the kids are going to go through that little hole and go play on that turnstile. Well if a little kid goes and plays on that, even thought it says “No Trespass” everywhere since that nuisance was obviously attractive to a little kid and he cuts his foot off in that turnstile, the law will allow the parents of that child to sue the railroad yard under “attractive nuisance” under many states’ laws.
