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What is an Attractive Nuisance?

If you have children, you know that they are naturally curious and take great pleasure in exploring the world around them. Unfortunately, their surroundings are not always safe for exploration. Even seemingly benign objects on your neighbor’s property can pose a danger to their safety. These dangers are referred to as attractive nuisances and, in cases where a property owner fails to take precautions to ensure the premises are safe, they can potentially be held liable.

There are a few elements that comprise the attractive nuisance doctrine:

  • The law acknowledges that children are unable to comprehend the potential hazards they might encounter.
  • A special responsibility is placed on property owners who are aware that children might wander onto their property.
  • When property owners fail to take reasonable precautions to ensure their property does not lure in children, resulting in injuries, they can be held liable.

What Constitutes an Attractive Nuisance?

Essentially, an attractive nuisance is broadly defined as something that is captivating enough to induce a child to enter someone else’s property. Although the definition for an attractive nuisance is incredibly broad, it does exclude features that are not manmade, such as lakes or ponds. Additionally, while it is assumed that children cannot comprehend every possible danger, there are some dangers the law presumes children understand, such as fire or great heights.

Here is a list of some of the most common attractive nuisances:

  • Swimming pools
  • Lawnmowers or other machinery
  • Fountains
  • Potentially dangerous animals
  • Wells
  • Stairs

That said, anything can be an attractive nuisance if it is a known fact that children find it appealing. For example, if all the neighborhood kids know that there is a particularly great view from one of the local rooftops and the owner is aware of it, certain precautions should be taken to ensure they are unable to access it. Therefore, even something as seemingly innocuous as a rooftop can become an attractive nuisance under the right circumstances.

Additionally, the definition of a child, in this particular context, will differ from court to court. In some courts, teenagers might still be considered children, so do not assume liability only applies to very young children.

Knowledgeable Premises Liability Lawyers in Midland

If your child was injured on someone else’s property due to the presence of an attractive nuisance, you might be entitled to damages. At the Dean Law Firm in Texas, our experienced premises liability attorneys will fight on your behalf to ensure the property owner is held liable for the injuries your child sustained. Our legal team is backed by decades of experience and a proven track record of success that includes tens of millions of dollars recovered for our clients. Do not hesitate to reach out to us for the help you need at this time.

Call our law office today at (432) 214-8125 to schedule your complimentary case evaluation with one of our attorneys.

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