Civil Justice Warriors

Understanding an Attractive Nuisance Claim

Attractive nuisance claims apply when children get hurt while trespassing. They are based on the attractive nuisance doctrine, which recognizes that children are naturally curious and do not fully comprehend the dangers of certain activities. If a child is drawn in by an attractive nuisance, or anything on someone’s property that is both dangerous or enticing to children, the property owner can be held liable for any injuries that occur.

When Is the Property Owner Liable?

Under the attractive nuisance doctrine, property owners have a special responsibility to protect children who may come onto their property. According to Nationwide, a property owner can be liable for an attractive nuisance claim if all of the following statements are true:

  • A potentially dangerous condition existed on the property
  • The landowner created or maintained the potential danger
  • The landowner should have known the condition would attract children
  • The landowner should have known the condition would harm children

Because children can be drawn to and harmed by almost anything, attractive nuisances do not include natural features, such as lakes, ponds, or trees, and the court usually considers any steps the landowner may have taken to fix a hazard or prevent injury.

What Are Some Examples of Attractive Nuisances?

The most common attractive nuisances are water features, such as swimming pools, fountains, and wells. Children love swimming, so they will naturally be attracted to water features, and they can easily drown, so these features are dangerous. Property owners should build walls and/or barriers and use pool covers and alarms to ensure that uninvited children do not get hurt on their property.

Other examples of attractive nuisances include:

  • Dangerous animals
  • Accessible roofs
  • Playgrounds
  • Trampolines
  • Treehouses
  • Tunnels and drainage ditches
  • Abandoned vehicles or structures
  • Discarded appliances
  • Machinery (such as lawnmowers and other farm equipment)
  • Ladders
  • Construction sites
  • And more

Any property owners who have these attractive nuisances on their premises should take precautions to protect children. If they fail to do so, they could be liable for injuries and losses.

What Is the Attractive Nuisance Age Limit?

In Texas, there are no age limits for attractive nuisance claims, as long as the child was too young to fully understand the danger in question, an attractive nuisance claim may be valid. This means that courts decide these claims on a case-by-case basis, and in some situations, the court may even consider teenagers as children.

Exceptions to the Rule

However, the doctrine of attractive nuisance may not be the basis for liability of an owner, lessee, or occupant of agricultural land for any injury to a trespasser over the age of 16 years.

How Do I File an Attractive Nuisance Claim?

If you suspect your child has been harmed by an attractive nuisance, speak to an attorney right away. The attractive nuisance doctrine is part of premises liability law, so choose a lawyer with experience in this practice area.

If your child was injured, the Dallas personal injury lawyers at Mathias Raphael PLLC Accident & Injury Lawyers can help. Start today by requesting a free consultation at (214) 739-0100 or online.

We look forward to helping you and your family through this difficult time.