In Texas, a property owner may be legally responsible for a child’s injuries—even if the child was trespassing—when a dangerous condition on the property is likely to attract children and the owner failed to take reasonable steps to secure it. This is known as an attractive nuisance claim.
What Is an Attractive Nuisance?
An attractive nuisance is anything on private property that is both dangerous and enticing to children, who lack the maturity to recognize or appreciate the risk involved. Texas law recognizes that children are naturally curious, and property owners cannot rely on “No Trespassing” signs alone when a hazardous condition is likely to draw children in.
Unlike adult trespasser cases, liability can exist even when the child entered the property without permission.
When Is a Property Owner Liable in Texas?
Under Texas premises liability law, a property owner may be held liable for an attractive nuisance only if all of the following are true:
- A dangerous condition existed on the property
- The owner created or maintained the condition
- The owner knew or should have known children were likely to trespass
- The owner knew or should have known the condition posed an unreasonable risk of harm
- The child was too young to appreciate the danger
- The burden of fixing the hazard was minimal compared to the risk of injury
Courts also evaluate what steps, if any, the owner took to prevent access, such as fencing, locks, covers, or warning devices.
Important: Texas courts generally exclude natural conditions—like ponds, lakes, or trees—from attractive nuisance liability unless artificial enhancements increase the danger.
Common Examples of Attractive Nuisances
Some hazards are so predictably dangerous to children that property owners are expected to secure them. Common examples include:
- Swimming pools, hot tubs, fountains, and wells
- Trampolines and playground equipment
- Construction sites and unsecured excavations
- Abandoned vehicles or unsafe structures
- Discarded refrigerators or appliances
- Heavy machinery or farm equipment
- Ladders, accessible rooftops, and treehouses
- Drainage ditches, tunnels, and culverts
If a child can easily access one of these hazards, failure to install reasonable safeguards may create legal exposure.
Is There an Age Limit for Attractive Nuisance Claims?
Texas law does not impose a strict age cutoff. Instead, courts evaluate whether the child was capable of understanding the specific danger involved.
- Very young children almost always qualify
- Older children and even teenagers may qualify depending on the circumstances
- Each case is evaluated individually
Agricultural Land Exception
Texas law limits attractive nuisance liability for agricultural landowners when the injured trespasser is over the age of 16. This exception does not apply to residential or commercial property in most urban settings.
What Parents Should Do After a Child Is Injured
If your child is hurt due to a dangerous condition on someone else’s property:
- Seek immediate medical care
- Photograph the hazard before it is altered or repaired
- Identify witnesses or neighbors familiar with the condition
- Avoid giving recorded statements to insurers
- Speak with a premises liability attorney promptly
These cases are evidence-sensitive, and property owners often move quickly to eliminate proof of unsafe conditions.
How an Attorney Helps With an Attractive Nuisance Claim
Attractive nuisance cases fall under premises liability law and require proof of foreseeability, unreasonable risk, and failure to act. An experienced attorney can:
- Investigate prior complaints or code violations
- Retain safety and child-development experts
- Prove the cost of prevention was minimal
- Counter insurance arguments blaming parental supervision
Talk to a Dallas Premises Liability Lawyer
If your child was injured due to an unsafe property condition, the Dallas personal injury attorneys at MR.LAW Accident & Injury Attorneys can help evaluate whether an attractive nuisance claim applies.
We’re here to protect your child’s future—and hold negligent property owners accountable.
Call (469) 689-0200 for a free consultation or contact us online to speak directly with an attorney.