What is the Attractive Nuisance Doctrine?
In the eyes of Texas law, children cannot distinguish between what will and will not cause them harm. This notion is the basis for the state’s attractive nuisance doctrine, under which a child is not responsible for the injuries they sustain engaging in an act that they do not perceive as a threat. Where this becomes tricky, however, is how it applies to premises liability.
Property owners bear the responsibility of preventing a child’s injuries. So, for example, if a child reaches through a fence to pet an angry dog or enters a property to play on a swing set and sustains an injury, the liability will ultimately fall on the property owner, even if the child was technically trespassing.
How Age Affects Attractive Nuisance
For several years, lawmakers have attempted to make changes to the attractive nuisance doctrine so that it would only apply to those under 14 or 15 years of age. While these modifications have not been passed, age and brain development plays an important role in understanding the inherent danger of certain situations.
However, in cases involving agricultural land, trespassers over the age of 16 may not hold a landowner liable under attractive nuisance, per Section 75.003 of the Texas Civil Practice and Liberties Code.
What Can I Do If My Child is Injured on Someone's Property?
Parents whose child has suffered an injury on another's property may be able to pursue compensation for their injuries under this doctrine. An experienced premises liability attorney can help you understand your legal options and whether they may apply in your case.
If you believe your child has been injured due to the negligence of a property owner, contact us today for a free consultation. Our knowledgeable and experienced team is here to help you seek the compensation you deserve. Call (254) 938-6885 to speak with an attorney at Law Offices Of Vic Feazell, P.C. today.