Despite trespassing laws being in place to protect someone’s property from vandalism, children don’t always follow the rules. This is especially true for younger children or those who are following the crowd, as you may be aware. There are many ways children can get hurt on private property in Texas, including homes in your own neighborhood. If your child is seriously or fatally injured on a neighbor’s property without permission, who is liable?
According to FindLaw, attractive nuisance laws are meant to protect children and hold property owners accountable for a known hazard. Children are curious, as you know, and they may be tempted or pressured by their friends to explore a neighbor’s yard even when they know better. Therefore, homeowners have a responsibility to restrict potential dangers in a reasonable manner and reduce the risk of a child being harmed on their property.
An attractive nuisance includes anything that your child might want to check out, which can threaten his or her safety. A backyard swimming pool, a riding lawnmower, a shed full of power tools, an aggressive guard dog, an uncovered well and a large junk pile are all examples of attractive nuisances. Neighbors with such hazards on their property can safeguard them by enclosing them with high, locked fences, locking up tools and equipment, covering wells and putting up danger signs.
You may wish to pursue compensation if your child was harmed on a neighbor’s property, if your neighbor didn’t take reasonable steps to keep children from gaining access. This information is meant for educational purposes and should not replace the advice of a lawyer.