Shoppers bring kids, and kids wander.
Here is exactly how to legally cordon off trampolines, swimming pools, and swing sets so you aren’t hit with an ‘attractive nuisance’ lawsuit.
One of the most dangerous, yet frequently overlooked, legal risks of hosting a Garage Sale is the presence of children on your property.
While parents are distracted digging through boxes of vintage clothes or haggling over tools, their kids will inevitably wander off to explore your yard.
This triggers a specific legal doctrine known as an “Attractive Nuisance.”
Under TX property laws, an attractive nuisance is any hazardous object or condition on your property that naturally draws the attention of a child, but poses a danger they are too young to understand. If a child wanders into your backyard and gets hurt on your property, you can be held strictly liable.
The Highest-Risk Attractive Nuisances:
- Swimming pools and hot tubs
- Trampolines
- Swing sets and jungle gyms
- Unsecured power tools or lawnmowers
- Construction debris or open holes
How to Cordon Off Your Property: You must establish clear, physical boundaries before your Corpus Christi sale begins.
- Lock the Gates: Padlock every gate leading to your backyard.
- Visual Barriers: If your backyard is accessible without a gate, string bright yellow caution tape or high-visibility rope across the access points.
- Explicit Signage: Post clear, legible “STOP – DO NOT ENTER” or “PRIVATE PROPERTY” signs at the perimeter of the sale footprint.