The Attractive Nuisance Doctrine

How does the attractive nuisance doctrine apply to a personal injury or premises liability claim in Texas?

In simple terms, the attractive nuisance doctrine states that a property owner can be held liable for a child's injuries when those injuries were caused by an object or hazard likely to attract children.

By imposing this liability on the landowner, the attractive nuisance doctrine seeks to protect children who don't fully recognize the risk posed by the object or attraction. The doctrine can apply to virtually any "attractive nuisance," including abandoned automobiles, abandoned buildings or structures, unsecured construction sites, sand or gravel piles, trampolines, and even swimming pools.

Premises liability is a legal construct that seeks to protect individuals who were injured at someone else’s property due to the negligence of the property owner. This could be in the form of a slip and fall accident, an injury arising from an open manhole, and even dog bites.

Children need extra protection.

Young children do not always understand the ramifications of their actions. This is because they simply don’t have the intellectual ability to do so. Landowners, on the other hand, can and should recognize potential hazards on their property which may appeal to (and attract) children, especially those in which the potential danger is not obvious to a child.

That being said, you generally need to prove the following in order for the attractive nuisance doctrine to apply:

1. You need to show that the defendant or property owner had reason to know that children were likely to access or trespass onto their property.
2. You will need to prove that children would be unable to appreciate the risk posed by the hazardous or dangerous condition in that particular environment.
3. You will also need to show that the defendant failed to care for the safety their environment leading to the exposure of unsafe elements to individuals accessing his or her property.
4. You will need to prove that the defendant knew or had reason to know that there were unreasonably dangerous conditions on his or her property.
5. You will need to show that the cost of maintaining, fixing, or addressing the condition is minimal when compared to the risk that it poses to children.

Getting the compensation your family deserves.

The attractive nuisance doctrine can be applied in many situations. Oftentimes, the best way to determine if your family may have a valid claim is to speak with an experienced law firm. Our Dallas premises liability attorneys are happy to provide a free consultation and explain the options available to you moving forward. If we can help with your case, we'll do so for no cost to you.

Attractive nuisance cases can be complex, and the more time that passes, the more-difficult your claim becomes. Call Rasansky Law Firm today at (214) 651-6100.