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How do you protect yourself against an attractive nuisance claim?

Like many homeowners in Texas, you are proud of your yard and property. Also like many residents living in a warmer environment, you have a swimming pool and other features to make it comfortable to relax outside. While this is convenient and enjoyable for you and your family, you might not have considered that some of the features on your property might be dangerous for neighborhood children.

Children should not be trespassing in the first place, you reason. Why should it be your problem if a kid sustains an injury on your property when he or she was not supposed to be there? Although your argument might make sense, you need to remember that the law might not side with you if you failed to take precautions to make your property inaccessible to children.

What is an attractive nuisance?

An attractive nuisance is an item or feature on your property that can prove enticing and dangerous to curious children. As you know, young children often do not think about potential hazards or liabilities when they are curious about something. If you do not have a fence around your yard, there is nothing to stop kids from coming over for a swim in your pool when you are away at work. They might find it tempting to take a ride on your riding lawnmower if you leave the key in the ignition or play with power tools that are left on a patio workbench.

What should I do about these dangers?

If you know there is something in your yard that could attract neighborhood children, it is your responsibility to make access more difficult. You might put a locked fence around your yard, keep the key to your mower on your keychain and lock your power tools in a shed. Doing so may prevent harm to a child, as well as a parent taking legal action against you.

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