Attractive Nuisance Doctrine In Texas

1. Attractive Nuisance Doctrine In Texas

2. ” Property owners in Texas have a duty to maintain their properties in a safe and hazard-free condition, and to remedy any known dangers on the property within a timely manner. This duty extends to both invitees (those who the property owner invites onto the property) and licensees (those who have a legal right to enter the property), but not to trespassers. However, in the event that the trespasser is a child, the attractive nuisance doctrine in Texas may apply.

3. What Is The Attractive Nuisance Doctrine? The attractive nuisance doctrine in premises liability cases stipulates that, due to a child’s inability to make rational and safe choices, parents can hold a property owner liable for injuries that their child sustains on his property. To do this, the parent must prove that an “attractive nuisance” attracted the child to the property in the first place. An attractive nuisance is an “artificial” dangerous condition that may seem appealing to a child, such as a trampoline, pool, discarded appliance (freezer, refrigerator), abandoned automobile, etc.

4. Elements of Attractive Nuisance Claims The dangerous The dangerous condition attracted the condition attracted the young child. young child. A dangerous condition A dangerous condition likely to cause the child likely to cause the child injury existed. injury existed. 01 02 The property owner could The property owner could have reasonably prevented have reasonably prevented access to the dangerous access to the dangerous condition. condition. The child was incapable due The child was incapable due to age of understanding the to age of understanding the dangers posed by the dangers posed by the condition. condition. 03 04

5. 05 The property owner left the dangerous condition exposed (i.e., the property owner did not have a fence blocking his pool). If the plaintiff can prove the elements above, the plaintiff can hold a property owner liable for harm incurred by a child on his or her property, regardless of whether or not the child was trespassing at the time of injury.

6. As a parent, your child suffering an injury is the worst thing imaginable. If suffered injuries on another person’s property in Texas, let a Dallas premises liability attorney Dallas premises liability attorney get to work on your case today. At the Law Office of Julie Law Office of Julie Johnson PLLC Johnson PLLC, lawyers know what it takes negligence and hold a property owner liable negligence harmed your child. Contact a your child Texas Premises Liability to prove Attorney when his

7. Contact Details Phone No Address Website 12222 Merit Drive, Suite 12222 Merit Drive, Suite 1202 1202 Dallas, Texas 75251 Dallas, Texas 75251 https://www.juliejohnson https://www.juliejohnson law.com/contact-us/ law.com/contact-us/ 214-290-8001

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