How Does the Texas Attractive Nuisance Law Protect Children?

Children rely on adults to keep them safe. Anyone who has ever been tasked with watching a very young child knows how easily little ones can put themselves into dangerous situations if they are able to. Texas’s attractive nuisance law is designed to protect children who wander onto another person’s property, whether they are invited or not. Unfortunately, some dangerous objects and man-made conditions can attract children who do not fully understand the dangers. Children may trespass when they are lured by something that seems fun. When adults fail to prepare for this possibility, sadly, children can get hurt. 

If your child was harmed due to a dangerous object on another person’s property, you may be able to recover compensation for their injuries. Contacting a premises liability lawyer is a good first step.

What is the Definition of an Attractive Nuisance? 

An attractive nuisance is a man-made object or condition that simultaneously threatens the safety of children and draws them to it. Examples include: 

• Swimming pools
• Treehouses
• Aggressive or dangerous animals
• Trampolines 
• Construction equipment

What Does Texas Law Say About Attractive Nuisances?

Adults have the duty to anticipate the possibility of child trespassers and avoid creating unreasonably dangerous conditions. Property owners may be held liable if a child is injured as a result of their decision to maintain an attractive nuisance. 

There are a few caveats. For this law to apply, the property owner in question must have known - or reasonably should have known - that child trespassers were likely. In a suburban neighborhood full of children, the property owner will have a hard time trying to convince anyone that he had no idea that a child could wander onto his property. 

Additionally, children whose families are seeking compensation must have been too young to fully realize the dangers associated with the attractive nuisance. For example, a five-year-old may not anticipate that an old treehouse in someone else’s yard could be unsafe, but a sixteen-year-old should recognize the danger.  

What Kind of Precautions Should Property Owners Take? 

Swimming pools should be surrounded by a childproof fence, as should a few other hazards. Pools are one of the most common attractive nuisances. Sadly, they are extremely dangerous for unattended children. If a young child is allowed to enter a pool unsupervised, the results could be disastrous. Trampolines should be similarly fenced or stored where little ones cannot climb on alone. 

Any play equipment or treehouses should be either kept in a safe condition or taken down entirely. Children are not capable of assessing whether such things are structurally sound. The bottom line is that adults who know there are children around should take steps to address any dangerous, artificial conditions on their property. 

Call a Nueces County Premises Liability Lawyer

If your child was injured due to a dangerous condition on someone else’s property, The Edwards Law Firm may be able to help you recover damages. Our experienced Corpus Christi premises liability attorneys will strive to help you prove the cause of the harm your child suffered. Call 361-698-7600 for a free consultation. 

Source:

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.75.htm