What is the Attractive Nuisance Doctrine?

Unfortunately, the world can be very hazardous for a young child. In an effort to protect our kids and safeguard their rights in the event of a personal injury, Texas has established the attractive nuisance doctrine.

It goes without saying that parents and guardians are responsible for the safety of their children. Although other individuals may be unaware that Texas law can require them to ensure the safety of unrelated children. In some instances, a person may even be required to ensure the safety of a minor who visited their home without their knowledge.

Essentially, the premises liability laws of Texas require property owners to take reasonable precautions to protect all individuals (children, in this case) who enter their property, regardless of their relationship with the owners.

What is an Attractive Nuisance?

An attractive nuisance is a component of these laws, and it requires property owners to ensure a child's safety, whether or not they have been invited to the property.

The common law of attractive nuisance presumes that an infant cannot distinguish between what is secure and what is not. It holds property owners liable if they fail to prevent a child from gaining access to a potentially hazardous object that the child may find appealing to investigate.

The doctrine of attractive nuisance in Texas stipulates the following:

• Children don't fully understand the risk in question
• A property owner can usually anticipate if a child would trespass onto their property
• Property owners are liable for injuries to minors caused by a failure to comply with these rules.

Age is one of the most significant factors in a Texas claim for an attractive nuisance. The age of a juvenile trespasser must be such that they cannot comprehend the hazards associated with something. A four-year-old, for instance, would not comprehend the dangers of leaping into an unattended pool. Thus, it is the responsibility of the property proprietor to guarantee that a pool is inaccessible to small children.

Examples of Attractive Nuisances

Texas law states an attractive nuisance is any extremely hazardous feature, albeit one that is artificial. For example, it is doubtful that a natural lake would be perceived as an attractive nuisance, whereas a man-made pool would be.

Nonetheless, if a child is able to gain access to an apartment complex's pool and drowns, it is likely that the property proprietors or management will be held liable for the child's death under the doctrine of attractive nuisance in Texas. This is because it is reasonable for a property owner or other entity to anticipate that children will be in the vicinity of the pool.

Other examples of attractive nuisances in Texas include but are not limited to the following:

• Fountains and other water features, like wells
• Rooftops, particularly those that are easy to access
• Landscaping
• Building materials, such as scaffolding and ladders
• Various outdoor equipment, like lawnmowers

Premises Liability Laws Across Texas

The liability placed on property owners in the event of incidents on their property is governed by Texas statutes on premises liability. In Texas, as in many other jurisdictions, a casualty of an accident can seek compensation from a property proprietor for injuries sustained on the property.

However, the ability to seek compensation depends on whether you were trespassing, a business visitor, or a guest on the property in question.

According to Texas premises liability law, there are three primary categories of visitors: invitees (individuals who visit for business), licensees (social visitors, like friends and acquaintances, and trespassers. Employers also owe a duty of care in notifying employees of workplace hazards in Texas.

Property owners are responsible for notifying invitees of any unreasonable risks or dangers present on their property and, ultimately, for scrutinizing and removing these dangerous conditions.

For social visitors, owners have a standard duty of care, which includes repairing any hazardous areas and informing guests of their existence.

Trespassers, of course, come onto your property without permission. A property owner's only obligation or responsibility toward trespassers is to refrain from intentionally, recklessly, or negligently harming them. There are exceptions to this rule; for instance, an attractive nuisance, such as a swimming pool, could attract minor trespassers who are subsequently injured on the property.

Damages Resulting From Premises Liability

In Texas, premises liability incidents can lead to various injuries. Slipping or tripping over an unseen hazard, for instance, typically results in a variety of abrasions, fractured bones, and concussions but can also cause severe head, back, or spinal injuries.

After you've been hurt in a premises liability accident, you may be entitled to compensation for a few of the following damages:

• Medical expenses
• Lost income or lost potential for future earnings
• Pain and suffering

If you file a premises liability claim in Texas, you may recover your out-of-pocket expenses, such as hospital and medical bills, doctor visits, prescription charges, and necessary diagnostic tests. In addition, you may be entitled to compensation for any lost wages caused by your inability to work.

Call a Premises Liability Attorney in Dallas

In the event that you or your child experience injuries while on private, commercial, or government property, you may be eligible to file a premises liability lawsuit.

When you or a loved one are hurt because of a property owner's carelessness, you may be eligible for reimbursement to cover the cost of your medical expenses, any ongoing pain or injuries, and other aspects, such as lost earnings because of your incapacity to work as a result of your injury.

Here at the Rasansky Law Firm, our team goes above and beyond to represent clients, and for that reason, we've earned the trust of victims affected by these incidents throughout Texas over many decades. We know what it takes to build a strong case on your behalf.

If you or a loved one have been hurt on someone else's property and have concerns about how to move forward, don't hesitate to get in touch with our Dallas premises liability attorneys at 214-617-1816. We are available 24 hours a day, seven days a week, to provide you and your family with a no-cost initial case evaluation.