In order to use the attractive nuisance doctrine, which factor is NOT required?

The attractive nuisance doctrine is a legal principle designed to protect children who may be attracted to dangerous conditions on someone else's property. In applying this doctrine, certain factors must be established for liability to arise.

The requirement that the children must be legally allowed on the property is not essential to the application of the attractive nuisance doctrine. This doctrine specifically addresses situations where children, often unable to comprehend the associated risks, are drawn to hazardous conditions (such as a swimming pool, construction site, or other dangerous features). It recognizes that children may be legally trespassers but nevertheless entitled to protection due to their inability to understand the dangers posed by these attractive nuisances.

On the other hand, the other factors outlined in the question are indeed necessary for the doctrine to apply. The property owner must be aware of children in proximity to the dangerous condition, the condition itself must present a significant risk of harm, and the cost of addressing the hazard must be relatively low to establish that the burden of remedying the situation does not outweigh the benefit of reducing the risk to children. Taken together, these points underline the responsibility of property owners regarding hazardous conditions that can attract children, regardless of their legal status on the property.