The theory of attractive nuisance is a legal negligence theory based on tort law. It arises when a landowner owes a duty to protect others from conditions on their property that could pose a hazard.
I first became interested in in this subject after a friend related a childhood experience where he and another six-year-old companion almost died after being trapped in an abandoned floor freezer. While playing in it, the door closed. In those days, freezers and refrigerators could only be opened from the outside. The children were trapped inside the freezer for about an hour and my friend’s playmate had already lost consciousness. Had they not been rescued, they would have died or suffered severe brain injuries due to asphyxia.
Swimming pools and wading pools are another area where hazards often hide beneath the surface. So-called suction entrapment injuries occur when a part of a person’s body or an extension such as hair or jewelry get caught in the vacuum of a pool drain, usually due to a faulty, broken, or absent cover.
The force of a pool’s suction can be tremendous: 350 pounds of pressure for an 8-inch main drain with a standard pump. Wading pools are particularly dangerous due to the shallow water and the proximity of the child’s body to the drain. If a child comes directly in contact with an uncovered drain, the force of suction holds the victim in its grip until either the vacuum is broken, or he or she drowns, defying the rescue efforts of horrified onlookers.
Several high-profile injuries of this type have been documented over the years, including Virginia Graeme Baker the daughter of James Baker IV, son of former secretary of state James Baker III who, in 2002. was drowned when she was trapped underwater by the suction of a hot tub drain. Her mother later became an advocate for pool safety measures and a law was enacted in her name. The Virginia Graeme Baker Pool and Spa Safety Act (VGBA) is incorporated as Title 14 of the U.S. Energy Independence and Security Act of 2007 (EISA Title 14, Pub.L. 110-140). This act became enforceable law on December 19, 2008.
In 2007 a six-year-old girl named Abigale was wading in a kiddie pool and sat down upon an uncovered drain and was eviscerated. Twenty-two feet of her small bowel was sucked out through her rectum and later found inside the drain of the swimming pool. The family was awarded a $30,000,000 judgment for pain and suffering and future medical costs. Unfortunately, the child later died from her traumatic and disfiguring injuries.
Children are often the unfortunate victims of hazardous conditions due to their inexperience and natural curiosity.
The approaching summer months are a reminder for us be mindful of the hazards that hide in seemingly innocent and unexpected places.
