Texas Child Injury Verdicts & Landmark Cases

208 S.W.2d 843 — the foundation of Texas attractive-nuisance law

A developer left an unfenced, water-filled pit on a subdivision where dozens of families with small children lived. A five-year-old wandered in and drowned. The court held the owner liable, embedding the attractive-nuisance doctrine into Texas law.

Why it matters to your case: Texas property owners — including homeowners with unfenced pools — have a duty to protect young children from dangerous conditions, even trespassing children.

Source: Banker v. McLaughlin, 208 S.W.2d 843 (Tex. 1948)

947 S.W.2d 191 — the five-element test

A teenager climbed a 90-foot transmission tower and was electrocuted. The court used the case to set the definitive five-element attractive-nuisance test — though it ruled for the utility, finding the teen old enough to appreciate the obvious danger.

Why it matters to your case: This case tells you exactly what must be proven — and confirms that when a child is genuinely too young to understand a hazard (like a toddler near a pool), Texas law fully protects them.

Source: TX Utilities v. Timmons, 947 S.W.2d 191 (Tex. 1997)

~$112.9 million for a catastrophically injured child

A drunk driver who had been over-served at a restaurant caused a crash that catastrophically injured a young child. The jury found the dram shop and driver liable; future medical care through age 18 alone exceeded $23 million.

Why it matters to your case: Texas juries will fully value a child’s lifetime of impairment and future medical needs — and a business that over-serves alcohol can be held liable alongside the driver.

Source: Munsch Hardt — biggest 2025 Texas verdicts