Attractive Nuisance
Definition
An attractive nuisance is a dangerous condition on property that is likely to attract children who cannot appreciate the risk it poses. Under this legal doctrine, property owners may be liable for injuries to trespassing children if they maintain conditions that are both attractive to children and dangerous. Common examples include swimming pools, abandoned vehicles, construction sites, and unsecured equipment.
How It’s Used in Personal Injury Cases
The attractive nuisance doctrine creates an exception to the general rule that property owners owe limited duty to trespassers. Under Restatement (Second) of Torts §339, property owners can be liable when they know (or should know) children are likely to trespass, the condition poses unreasonable risk of serious injury or death, children cannot appreciate the danger, the burden of eliminating the danger is slight compared to the risk, and the owner fails to exercise reasonable care. Texas courts recognize this doctrine for protecting children.
Practical Example
A homeowner kept an unfenced swimming pool in their backyard near a school. Despite knowing neighborhood children walked past regularly, they installed no fence or alarm. A six-year-old child entered the yard and drowned in the pool. Under the attractive nuisance doctrine, the homeowner could be liable because swimming pools attract children, the danger of drowning is not appreciated by young children, and installing a fence would have been a minimal burden compared to the risk of death.
Why It Matters to Your Case
If your child was injured on someone else’s property, the attractive nuisance doctrine may allow recovery even if your child was technically trespassing. Property owners have a heightened duty to protect children from dangerous conditions that naturally attract their curiosity. This doctrine recognizes that children cannot be expected to appreciate dangers the way adults can, placing responsibility on property owners to take reasonable precautions.
Key Takeaway
Property owners must protect children from dangerous conditions that attract them—even if the children are trespassing—because children cannot fully appreciate risks the way adults can.