Attractive Nuisance Doctrine in Texas

When someone has a child, it’s obvious that they must care for them and make sure they are protected from danger. However, many people might not know that Texas law could require them to protect the wellbeing of children that don’t belong to them. In some instances, a person might even be required to protect the wellbeing of a child who they didn’t know would visit your property. This concept is known as attractive nuisance.  

Texas premises liability laws require property owners to provide reasonable care to all people who enter their property. In other words, property owners must make sure their property is safe for visitors who are expected to use it. Attractive nuisance is part of these laws, and it requires property owners to make sure that a child is safe—whether they’re invited to the property or not. 

Attractive Nuisance in Texas 

Attractive nuisance is a common law that assumes a child does not have the ability to distinguish between what is safe and what isn’t. It holds property owners responsible for failing to prevent a child from reaching something dangerous that they might think would be fun to explore. 

The attractive nuisance doctrine states the following: 

  • Children don’t understand danger 
  • A person can understand if a child might trespass onto their property 
  • Property owners are liable for injuries children sustain because of a failure to follow these concepts 

Age is one of the most important factors during a Texas attractive nuisance claim. A child trespasser must be of an age that they wouldn’t understand the dangers associated with something. For example, a four-year-old child would not understand the risks associated with jumping into a pool unsupervised. So, it’s the property owner’s duty to ensure that a pool is inaccessible to young children.  

What Property Features Are Considered to be Attractive Nuisances in Texas? 

Texas law states that an attractive nuisance is anything that is highly dangerous artificial feature of a property. So, it’s unlikely that a natural lake would be considered an attractive nuisance while something man-made like a pool would be. However, if a child is able to get into an apartment complex's pool and drown, it's likely that property owners or management will be liable for the death because of the concept of attractive nuisance. This is because it's reasonable for the management to expect that children will be near the pool. 

Features that could be an attractive nuisance include the following: 

  • Pools 
  • Fountains 
  • Wells 
  • Ladders 
  • Rooftops 
  • Landscaping 
  • Scaffolding 
  • Outdoor Equipment 
  • And more 

What to Do If Your Child Sustained Injuries 

If your child sustained injuries because of a person’s failure to follow attractive nuisance laws, help is available. At Arnold & Itkin, we know that the only way to prevent future accidents from happening is to hold negligent parties accountable for causing them. Our team is ready to listen to your story and help you decide what your legal options are.  

Call our attractive nuisance lawyers today at (888) 493-1629 for a free and confidential consultation. 

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