Paralegal Advanced Competency Exam (PACE) Practice Exam

What is an example of a property that might be deemed an attractive nuisance?

1. An adult's private garden

2. A well-secured construction site

3. An unfenced swimming pool

4. A closed-off backyard

The correct answer is: An unfenced swimming pool

An unfenced swimming pool is a prime example of a property that might be considered an attractive nuisance. The concept of attractive nuisance applies to conditions or objects on a property that could attract children who may not understand the dangers associated with them. Because swimming pools present significant safety hazards, especially to young children, the lack of a fence increases the likelihood of children being drawn to the pool. Property owners can be held liable for injuries sustained by children if those children access the pool due to its attractive nature and the property owner's failure to take adequate safety precautions, such as building a fence. This liability stems from the recognition that children are naturally curious and may not have the ability to fully understand the risks involved with such an attraction. The other options do not present the same level of risk or allure to children. An adult's private garden, a well-secured construction site, and a closed-off backyard do not typically pose the same dangers or draw children in the same way that an unfenced swimming pool does.