What is an Attractive Nuisance?
An “attractive nuisance” is anything that could potentially attract a child onto a property and cause injury. For example, a pool that is not fenced in would qualify as an attractive nuisance — a child may wander into someone’s yard to play in their pool, and be injured.
Although trespassing bars an adult person from recovering compensation through a premises liability claim, this rule is waived if the injury victim is a child. Even if a child is not supposed to be on a property at the time of injury, they would not legally be considered as a trespasser.
In premises liability cases where the victim is a child, a plaintiff must prove that the property owner failed to take action to limit the dangers of potential attractive nuisances at their business or residence. Contact Webb, Stokes & Sparks if you or your child was injured because of a property owner’s negligence. Our premises liability attorneys in San Angelo are available for free case evaluation.
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