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Is There an Attractive Nuisance in Your Neighborhood?

Posted on in Personal Injury

Corpus Christi premises liability lawyerThe term “attractive nuisance” refers to something that is likely to attract children, but is not exactly safe for them. A swimming pool is the classic example - most children love swimming pools and would be tempted to go to it. However, unsupervised children can drown or become seriously injured in an instant at a swimming pool.

In Texas, anyone who keeps an attractive nuisance on their property has a duty to take steps to protect the children who may be drawn to it, even if they do not allow children on their property. Property owners have a special responsibility towards child trespassers who are attracted in by a hazard. If your child was harmed on another’s property by an attractive nuisance, we may be able to help you recover compensation. 

More Examples of Attractive Nuisances

To determine what is and is not an attractive nuisance, you have to look through the eyes of a child. Would they see it and immediately want to go explore it, climb it, or jump into it? If they did, would they be likely to get hurt? If so, you may be dealing with an attractive nuisance. Common examples include: 

  • Trampolines - Trampolines can be very dangerous when they are not properly designed and secured. Children should not be able to just walk onto a neighbor’s yard and climb right on. 
  • Swimming pools - Because swimming pools an extreme risk of drowning deaths if children are able to get to them, property owners should take strong measures to keep children away. Pools should at minimum be fenced in, and motion sensors are ideal. 
  • Animals - Children can become very excited when they see an animal, and are prone to running right up to the animal wanting to pet it. If an animal poses a risk to children who behave like children, it should be secured in an area that children cannot easily get into. 
  • Treehouses - Treehouses can be great fun, but they can also be extremely dangerous. The major risk is that a child could fall from a height. Ladders should be secured or located in an inaccessible area so that children cannot climb up them. 

You should also know what is not an attractive nuisance. A natural condition of the land that the owner does not maintain or control is not considered an attractive nuisance, even if it is dangerous and attractive to children. Lakes and cliffs, for example, are not attractive nuisances. 

If you are unsure whether the hazard that injured your child was an attractive nuisance, our attorneys can help you find out. 

Consult a Nueces County Premises Liability Lawyer

If your child was injured on someone else’s property, The Edwards Law Firm may be able to help you recover compensation on their behalf. Our experienced Corpus Christi premises liability attorneys will fight for you to recover everything you and your child are entitled to. Call 361-698-7600 for a free consultation. 

 

Source:

https://casetext.com/case/banker-v-mclaughlin

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