You might have taught your children about the importance of not trespassing on another person’s property. However, that doesn’t mean your child won’t let curiosity get the better of him or her, especially when peer pressure and boredom set in. Attractive nuisance laws in Texas take into account the fact that children don’t always follow the rules regarding trespassing.
As FindLaw explains, an attractive nuisance is something on a person’s property that a child might find too interesting to ignore, which might prove harmful to the child. The most common attractive nuisances are swimming pools. Property owners have a responsibility to recognize and safeguard attractive nuisances to keep neighborhood children from getting hurt.
For example, your neighbors may prevent children from taking a swim without permission by installing a fence around their pool. As the warmer months give way to winter, however, you might have less reason to worry about swimming pools and more concern about different types of attractive nuisances that are no less dangerous. A riding lawnmower with the keys in the ignition, an aggressive watchdog running loose, an uncovered backyard well and an unlocked shed full of power tools can all fit into this category.
You may talk with your child about staying out of others’ yards without permission, but as you know, children do not always follow directions. If your neighbors fail to take reasonable measures to prevent your child and others from accessing dangerous features on their property and your child was injured, you may wish to seek legal counsel.