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What is the Attractive Nuisance Law in a Personal Injury Case?

Posted on behalf of Anderson Cummings on Aug 07, 2020 in Personal Injury

child reaching for ball in poolProperty owners owe a duty of care to others, including children, who are invited to visit their property. In Texas, the attractive nuisance doctrine extends that duty of care to child trespassers, even if the owner does not know them.

Anderson & Cummings law firm explains more about the attractive nuisance law and what it could mean when a child gets injured on another person’s property in Texas.

If your child suffered an injury due to dangerous hazards that were not addressed by the property owner, you may be eligible to pursue a personal injury case utilizing the attractive nuisance law. Contact our firm to schedule a completely free consultation and learn more about your potential legal options.

Why is There an Attractive Nuisance Law in Texas?

Children are naturally curious and want to touch and play with things that look like fun. However, in some cases, they could also be tempted to explore something that may be dangerous without the supervision of a responsible adult.

The attractive nuisance law in Texas is designed to protect children who are too young to understand when something is not safe or may cause them harm. Essentially, this means that property owners have an obligation to protect young children, even those who may trespass, according to the same duty of care they would owe to someone with a legal right to be on the property.

For example, a young child who wanders onto a neighbor’s property may not realize that playing near a pool without adult supervision could be life-threatening. Under the state’s attractive nuisance doctrine and other laws about pool enclosures, owners have a legal duty to prevent children from gaining access to their pool.

When property owners fail to take reasonable actions to prevent a child from being able to reach hazards or other dangers on their property, they can be held financially responsible.

What Does Texas Consider to be an Attractive Nuisance?

An attractive nuisance in Texas is a man-made feature or object that is considered naturally attractive to children, but which may also pose a high risk of causing them bodily harm. Some common property features that may be defined as an attractive nuisance include:

  • Swimming pools
  • Playgrounds or trampolines
  • Swing-sets, including homemade tire swings
  • Inflatable bouncer toys, such as castles, jungles or houses
  • Electrical towers on the property
  • Man-made lakes
  • Any kind of exotic pet
  • Old cars or farm equipment

    These are examples, but no matter what attractive nuisance may exist on someone’s property, it is the owner’s responsibility to ensure safety measures are in place to prevent a child, even one who may trespass, from being able to gain access.

    Proving liability in this type of claim can be complicated, which is why we recommend that you contact a Fort Worth personal injury lawyer with extensive knowledge of Texas state laws.

    How Do I Know if My Child is Eligible for a Claim?

    Owners are expected to recognize and address potential hazards on their properties, including those that are dangerous simply because they may attract children. If your child suffers harm because an owner neglects that duty of care, he or she may be liable for losses, such as medical expenses, pain and suffering, and other damages.

    However, even if your child suffers a serious injury on another’s property, you will need to establish that:

    • The property owner knew or should have known that a child would be likely to gain access
    • Children would likely not understand the risk posed by the object or feature in that environment
    • The property owner failed to take reasonable steps to address safety hazards
    • The owner knew, or should have known there was a high risk of danger on his or her property
    • The cost of addressing the dangerous condition is minimal compared to the substantial risk to a child who gains access

    How May an Attorney Benefit My Claim?

    Was your child injured on someone else’s property? Do you believe that the owner should have known about the dangerous condition that caused your child’s injury?

    At Anderson & Cummings law firm, we are prepared to help. Applying the attractive nuisance law to a personal injury claim is complicated and requires the help of a licensed attorney with a solid understanding of Texas laws.

    Our team of legal professionals has more than 50 years of collective experience, and we have obtained millions in compensation for our clients. If we represent you, we have the resources and staff to fully investigate your child’s accident and help you gather the evidence to build a strong case.  

    In addition to receiving a free, no-obligation legal consultation, there are no upfront costs to hire our services. You pay us nothing unless we first obtain a settlement or verdict on your behalf.

    Call Anderson & Cummings 24/7 by text or phone: (877) 920-9009