The term attractive nuisance usually describes something on your property that could attract the attention of a child but that could also be a danger to the child, but according to the Illinois Forestry Association, this is a term not used in the state. While many other states give attractive nuisances a lot of weight when it comes to liability for a property owner, Illinois does not. However, the property liability laws do still cover similar situations.

The state does recognize that having something dangerous on your property that would be more dangerous to children than adults produces a liability for any injuries. For example, if you have a pond on your property, adults would understand the danger of getting in or too close to the water. A child, on the other hand, may not recognize the risks of getting in the water or playing too close to it. You have to protect others from the dangers of your pond to prevent injuries.

Liability for anything that happens on your property does generally side with who is negligent. This just means whoever is not acting in a reasonable manner to avoid or protect from harm. In the case of trespassers, you are not liable because they are being negligent by entering your property without permission. For those legally on your property, you do take on liability and should provide safety and security for them.

So, while the state may not recognize an attractive nuisance, the overall concept still is in effect in the state. This information is for education and is not legal advice.