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Child and attractive nuisance dangers

On Behalf of | Aug 17, 2022 | Blog, Personal Injury

Property owners or renters, including residential or commercial locations, must remain mindful of any hazards. If someone were to trip over objects haphazardly left on a sidewalk, expect the owner or another responsible party to face a personal injury claim. When someone trespasses onto a Texas property, things may change. After all, the person was not supposed to set foot on private property. However, when the injured party is a child attracted by an attractive nuisance, the property owner may face a credible liability claim.

An attractive nuisance explained

An attractive nuisance refers to something that may appeal to a child, leading a young child to enter the property. Laws related to attractive nuisances attempt to make the property owner take additional care to protect children from harm. For example, a child may want to look closer at a wading pool or play on a swing set. Injuries or even fatalities could result if an unsupervised child entered the pool or got onto the swings.

So, the property owner/renter should ensure that gates remain closed and secured. Leaving a driveway gate wide open when an attractive nuisance is in clear view may be negligent. Remember, a child may lack the maturity and mental capacity to recognize dangers. Therefore, additional responsibilities fall on an adult’s shoulders.

Negligent suits and attractive nuisances

A premises liability claim surrounding attractive nuisances could seek compensation for any harm the child suffers. Property owners must understand that attractive nuisances include everyday things like steps and lawn mowers. If the owner took no additional precautions to restrict access to the property, he or she might be liable for injuries.

A homeowners’ insurance policy may cover claims related to premises liability injuries. Such policies could pay up to the maximum coverage limits.

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