Question: What are “attractive nuisances” in the State of Indiana?
Answer: Conditions on land that children may not be mature enough to understand the dangers associated with trespassing and the latent dangers associated with the objects in question. The attractive nuisance doctrine applies when the problem complained of is (1) maintained or permitted upon the property by the owner; (2) particularly dangerous to children, and of such a nature that they will not comprehend the danger; and (3) particularly attractive to children. Further, (4) the owner must have actual or constructive knowledge of the condition, and that children do or are likely to trespass, and to be injured; and (5) the injury must be a foreseeable result of the wrong. However, the doctrine is limited to cases where the danger is latent. A swimming pool in a park, whether artificially constructed or a part of a natural pond, or lake, or stream, improved in its bathing facilities, is not per se a nuisance, and, unless there is some hidden or latent danger, the “attractive nuisance” doctrine does not apply. Such waters embody perils, but of a nature which must be deemed obvious to children who approach them for swimming. However, an individual or a corporation can be liable for injuries to a child caused by leaving unguarded and exposed dangerous machinery or surroundings of such a nature and character as to naturally tempt and allure children to play with or otherwise use the same.