Henson Ex Rel. Hunt v. International Paper Co.

Chief Justice TOAL:

In this civil action, the court of appeals held that a claim for attractive nuisance requires the injured child to be attracted onto the defendant’s property by the nuisance which causes him or her injury. Although we agree with the disposition reached by the court of appeals, we disagree with the rule found both in its opinion and in our precedent. Accordingly, we affirm the court of appeals’ decision, but modify it as outlined below.

Factual/Procedural Background

International Paper Company (IPC) owns and operates a canal that runs twenty-seven miles through Georgetown…