Attractive Nuisance

A condition present on a private property that poses an unreasonable danger to children that are likely to trespass on said property.

See Attractive Nuisance Doctrine.

Black’s Law Dictionary, 2nd Edition.

“A dangerous feature on property that may cause trespassing. All prevention is on the shoulders of the owner.”

 Eaton v. R.B. George Investments, Inc., 260 S.W. 2d 587, 590 (Tex. 1953) (quotations and citations omitted).

“The better authorities now agree that the element of ‘attraction’ is important only in so far as it may mean that the trespass is to be anticipated, and that the basis of liability is merely the foreseeability of harm to the child; and again, nor is it important for what purpose a person (impliedly invited) enters premises on which a dangerous condition is maintained, provided his presence there is reasonably anticipated. Nor is it important, for the same reason, whether the dangerous condition is visible from traveled ways.”

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