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Attractive Nuisance Doctrine
Trespassing :: Exception to Rule :: Child is Invitee
A premises liability claim is type of ordinary negligence claim brought by someone who claims to have been injured due to the condition on a property.
If you have been injured due to the ordinary negligence of another person or institution you deserve full compensation for the resulting injury and other expenses that you may be entitled to as a result of your premises liability claim.
Attractive Nuisance
In Texas, the attractive nuisance doctrine applies when a young child trespasses because the premises are attractive to the child. The attraction on the premises is considered an invitation to enter and the child (invitee) is presumed to be rightfully on the premises.
Whether the attraction is considered an attractive nuisance depends on a myriad of factors about the attraction and child.
In general, an premises liability attractive nuisance claim may include the following:
- a trespassing child
- on premises owned by someone else
- owner knew or should have known of an artificial condition on the premises
- owner knew or should have known that children were likely to trespass in the area around an artificial condition on the premises
- owner knew or should have known that an artificial condition on the premises posed an unreasonable risk of death or serious bodily injury to a child
- the child did not discover or understand the risk of the dangerous areas
- the owner did use reasonable care to eliminate the danger and this breach caused the injury to the child
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