Attractive Nuisance Doctrine In Texas

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Attractive Nuisance Doctrine In Texas
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• 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.

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What Is The Attractive Nuisance Doctrine?

• The attractive nuisance doctrine in premises
  liability cases stipulates that, due to a childs
  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.

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Elements of Attractive Nuisance Claims

• The dangerous condition attracted the young child.

• A dangerous condition likely to cause the child
  injury existed.

• 01

• 02

• The child was incapable due to age of
  understanding the dangers posed by the condition.

• The property owner could have reasonably
  prevented access to the dangerous condition.

• 03

• 04

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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.
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Contact a Texas Premises Liability Attorney

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

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Contact Details

• Address

• Phone No

• Website

• 12222 Merit Drive, Suite 1202Dallas, Texas 75251

• https//www.juliejohnsonlaw.com/contact-us/

• 214-290-8001

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