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Topic: Attractive nuisance doctrine

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		With respect to the existence of an attractive nuisance, it must be shown that they had prior notice of the condition before liability could be imputed to members of the governing commissions for the existence and continuance of the attractive nuisance.
		Attractive nuisance is any dangerous device, instrument, equipment, contrivance, structure, or condition of land that is naturally dangerous and where the hazard is a continuing one.
		An exception to the rule of non-liability to the trespasser is the attractive nuisance doctrine and generally applies to children.
	www.prm.nau.edu /prm383/liability.htm (2049 words)

	Zukatis v. Perry
		The trial court dismissed the claim of attractive nuisance on the pleadings on the basis that the attractive nuisance doctrine is not recognized in Vermont.
		Our reasoning on the attractive nuisance issue disposes of this claim as well, but we agree with the trial court that the undertaking doctrine is inapplicable to the facts of this case.
		Plaintiffs' complaint charged that the horse and pen were an attractive nuisance to the small child and it was foreseeable that the child would enter the pen, which was possible because the fence was not electrified.
	tarlton.law.utexas.edu /dawson/cases/land/zukatis.htm (2446 words)

	Texas Judiciary Online - HTML Opinion
		The doctrine applies only if the danger is hidden, concealed, or latent and not when it is patent or obvious in order that "care for children who are unable to recognize patent dangers is not shifted from their parents to strangers.
		Thus, Entergy disproved an essential element of the Isoms' attractive nuisance cause of action, namely section 339(c) of the Restatement (Second) of Torts, and was entitled to summary judgment that the attractive nuisance doctrine does not apply.
		The proper judgment should be a rendition on the "attractive nuisance" doctrine issue, but as to all causes of action and issues not expressly urged in the motion for summary judgment, i.e, the "gratuitous licensee doctrine" issue; there should be a remand.
	www.9thcoa.courts.state.tx.us /opinions/HTMLOpinion.asp?OpinionID=7505 (4033 words)

	OSCN Found Document:SHELL PETROLEUM CORP. v. BEERS
		The doctrine is limited to instrumentalities which are unusual, especially dangerous in their nature, and which are of a character to prompt the curiosity of an infant.
		There the attractive nuisance doctrine was rejected where a child of three years was drowned by falling into a well located about 75 feet from the house where she was visiting with her mother.
		The attractive nuisance doctrine is based upon the law of negligence, and by reason of the foregoing considerations, plaintiff has failed to establish primary negligence.
	www.oscn.net /applications/oscn/DeliverDocument.asp?citeID=17978 (2985 words)

	attractive nuisance doctrine (Site not responding. Last check: 2007-10-15)
		There is normally no particular care required of property owners to safeguard trespassers from harm, but an attractive nuisance is an exception.
		An attractive nuisance is any inherently hazardous object or condition of property that can be expected to attract children to investigate or play (for example, construction sites and discarded large appliances).
		The doctrine imposes upon the property owner either the duty to take precautions that are reasonable in light of the normal behavior of young children--a much higher degree of care than required toward adults--or the same care as that owed to "invitees"--a higher standard than required toward uninvited, casual visitors (licensees).
	insurance.cch.com /rupps/attractive-nuisance-doctrine.htm (104 words)

	Converted WP file 98sc-007
		The attractive nuisance doctrine evolved as an exception to the general rule that a landowner is not liable to trespassers.
		The Court held that an unenclosed flume maintained by the defendant on his land did not fall under the attractive nuisance doctrine as a matter of law, effectively granting immunity for the death of the plaintiff's child, who was carried down the flume while playing near it as a trespasser.
		This Court has applied the doctrine of attractive nuisance to avoid the harsh results of treating children as trespassers and denying recovery in the absence of wanton negligence on the part of the defendant.
	www.supremecourt.nm.org /pastopinion/VIEW/98sc-007.html (3316 words)

	Landowner Liability for Trespassing Children: Ohio's New Attractive Nuisance Doctrine
		The attractive nuisance doctrine attempts to protect children from unknown dangers nearby, while continuing to recognize the rights of landowners to use their property within the limits of the law.
		This legal mechanism ensures that the attractive nuisance doctrine does not impose automatic liability on the landowner; instead, it only imposes liability on the landowner who is irresponsible in managing his or her property.
		The term "attractive nuisance" is a bit of a misnomer, but refers to artificial conditions on the property that are dangerous yet attractive to children.
	ohioline.osu.edu /als-fact/1007.html (1813 words)

	OSCN Found Document:J.C. PENNEY COMPANY v. CLARK (Site not responding. Last check: 2007-10-15)
		The attractive nuisance doctrine requires a weighing of the interest of society in children against the inherent right of a landowner or proprietor in the enjoyment of his property.
		As a general rule, the doctrine of attractive nuisance will not be applied to chairs and stools or other objects in common usage that are not in their nature dangerous or peculiarly attractive to children.
		The action is predicated upon the proposition that defendant was negligent in providing and exhibiting an attractive nuisance for a child in that the stool was so constructed as to attract a child; that as a result of being attracted by the stool, Sharon was injured.
	www.oscn.net /applications/oscn/DeliverDocument.asp?citeID=31872 (1154 words)

	[No title]
		This appeal turns on whether the creek was an attractive nuisance either because ETBU had altered its property, thus creating a dangerous condition, or because others created a dangerous condition on the property through off-premises development.
		Therefore, we affirm the summary judgment in favor of ETBU because the summary judgment evidence demonstrates the creek was not an attractive nuisance under Texas law.
		ETBU contends that the attractive nuisance doctrine does not apply and that the trial court's granting of ETBU's summary judgment was therefore proper.
	www.law.com /jsp/tx/LawDecisionFriendlyTX.jsp?id=1105364115644 (1352 words)

	Making the "Attractive Nuisance" Less Inviting
		The "attractive nuisance" doctrine, which most states have adopted, is considered an exception to this rule.
		An "attractive nuisance" is a potentially harmful object on or condition of the land that, by its features, tends to lure children.
		Over the years, a small number of court cases have considered whether horses qualify as an "attractive nuisance." Courts addressing the issue have focused on the basic propensities of the animal that inflicted injury.
	www.quarterh.com /legal18.htm (855 words)

	Bennett v. Stanley (2001) * Ohio
		While the attractive nuisance doctrine is not ordinarily applicable to adults, it may be successfully invoked by an adult seeking damages for his or her own injury if the injury was suffered in an attempt to rescue a child from a danger created by the defendant’s negligence.
		Any failure to adopt attractive nuisance would be to reject its philosophical underpinnings and would keep Ohio in the small minority of states that do not recognize some form of the doctrine.
		Even when a landowner is found to have an attractive nuisance on his or her land, the landowner is left merely with the burden of acting with ordinary care.
	www.claimrep.com /laws/cases/Oh/caseOHBennett.htm (4397 words)

	Articles
		The Supreme Court explained that this doctrine "harmonizes the competing societal interests of protecting children and preserving property rights." Thus, while it imposes liability upon the landowner for accidents that are reasonably preventable, it does not make the landowner an absolute insurer of the safety of trespassing children.
		For instance, the doctrine does not apply where the harm is unforeseeable, the dangerous condition is so open and obvious that even a child would appreciate the danger, or the dangerous condition is essential to the landowner's legitimate use of the property.
		The court explained that while the attractive nuisance doctrine does not ordinarily apply to adults, it may be applied where an adult is injured in an attempt to rescue a child who is imperiled by an artificial condition maintained by the landowner.
	www.bdblaw.com /articledetail.asp?id=79 (725 words)

	Pullan v
		Finally, plaintiff contends that the summary judgment entered against her was in error because a jury could have found defendants liable under the attractive nuisance doctrine as enunciated by prior cases of this court and as set forth in Restatement (Second) of Torts § 339.
		For purposes of our analysis of the attractive nuisance doctrine, we will assume that plaintiff was trespassing when she entered the stables, even though she contends that she was the guest of Rachel Condie, whose family belonged to the Association.
		Of the few courts that have considered this question, a majority have held the attractive nuisance doctrine to be inapplicable as a matter of law.
	tarlton.law.utexas.edu /dawson/cases/ground/pullan.htm (2192 words)

	[No title] (Site not responding. Last check: 2007-10-15)
		a legal doctrine which makes a person negligent for leaving a piece of equipment or other condition on property which would be both attractive and dangerous to curious children.
		Basically the doctrine was intended to make people careful about what dangerous conditions they left untended.
		Some jurisdictions (including California) have abolished the attractive nuisance doctrine and replaced it with specific conditions (e.g.
	dictionary.law.com /definition2.asp?selected=2473&bold=\|\|\|\| (121 words)

	Jones v (Site not responding. Last check: 2007-10-15)
		That same had been made attractive to children and was an open invitation to children to come upon the premises.
		The proposition of ponds, lakes, streams, etc. being excluded from the attractive nuisance doctrine is thoroughly discussed in the Carmichael case, and there is no doubt about this court's holding on that point.
		In the Carmichael case it was found that: "The pond is unenclosed and children from the heavily populated area congregate there in the shade of the trees and on the large rock to watch and throw rocks at the fish.
	www.ssu.missouri.edu /courses/AgEc257/jones_comer.htm (1555 words)

	Crawford v. Pacific Western Mobile Estates, Inc., 548 S.W.2d 216 (Mo.App. 1977)
		The attractive nuisance doctrine originated as an effort by the courts to ameliorate the harsh rules relating to the extremely limited duty of a landowner to trespassers.
		[35] The pond and pool cases decided under the attractive nuisance doctrine, and upon which the defendants so heavily relied, went in part on the ground that these bodies of water constituted open and obvious danger which should be within the comprehension of any child old enough to be permitted to roam at large.
		The ball floating on the surface of the effluent was at least as attractive a distraction to Mark Crawford as was the pigeon roost involved in Cargill.
	biotech.law.lsu.edu /cases/mo/Land_owner_Liability/Crawford_v_Pacific_Western.htm (4200 words)

	Florida Fence and Property Law: Visitors and Responsibilities to Visitors (Site not responding. Last check: 2007-10-15)
		In evaluating this doctrine, courts have said that a properly fenced area will usually protect the property owner from liability resulting from the attractive nuisance doctrine.
		The court did not apply the attractive nuisance doctrine to this case as the irrigation pump was not the reason that attracted the boys onto the property.
		Attractive Nuisance andshy;andshy; A dangerous instrumentality, machinery, etc. on one's land which is likely to attract children.
	edis.ifas.ufl.edu /FE111 (4391 words)

	Villa Rica , Georgia Trucking Accident Attorney :: Injuries To Children :: Lithia Springs , Douglas County, Truck Car ...
		The attractive nuisance doctrine is another way of saying that under given circumstances the defendant is liable for the consequences of his negligence where he should in the exercise of ordinary care have foreseen that harm would result to the infant trespasser whose presence he should have anticipated.
		The attractive nuisance doctrine applies primarily to child trespassers, and establishes the minimum standard of care that a possessor of land owes to children generally.
		The attractive nuisance rule generally does not apply to dangers of fire, falling from heights, and water.
	www.atlantainjurylawyer.com /injury-attorney-accident-lawyer-1008524.html (1437 words)

	OSU Ag and Rural Law Program (Site not responding. Last check: 2007-10-15)
		With the Ohio Supreme Court’s recent adoption of the “attractive nuisance” doctrine (see page 1, above), a landowner or possessor of property could be liable for injuries to a trespassing child harmed by a dangerous artificial condition on the property.
		The attractive nuisance doctrine, explained above, imposes liability for harm to a trespassing child injured by a dangerous “artificial” condition – one that poses an unreasonable risk which is not recognized by or known to the child.
		The attractive nuisance doctrine is not one that imposes automatic liability from maintaining a dangerous condition or “attractive nuisance” on the property.
	www-agecon.ag.ohio-state.edu /programs/AgLaw/civil-liability.htm (3083 words)

	Private Property Rights (Site not responding. Last check: 2007-10-15)
		The legal concept known as the "attractive nuisance" doctrine grew from the law surrounding trespassing children.
		In general, a landowner is not liable for harm to trespassers caused by his failure to put the land in a reasonable safe condition for their reception (use), or to carry on his activities so as not to endanger them.
		This doctrine was designed to provide protection for children to tender ages injured by some enticing instrument or condition on the owner's property.
	uwadmnweb.uwyo.edu /RanchRecr/handbook/private_property.htm (4076 words)

	Agricultural Law — Agricultural Liability, Part II
		Under the attractive nuisance doctrine, a landowner can be held liable for injuries to a trespassing child when the same landowner would not be held liable were the trespasser an adult.
		An attractive nuisance is anything that may capture the interest of a child and attract the child to trespass onto land in order to investigate the object that is attracting them.
		The court reasoned that the railroad company knew that this particular poison was peculiarly attractive to cows and that there is no reason why the attractive nuisance doctrine should not apply to livestock.
	www.dsl.psu.edu /centers/aglawpubs/part2.html (3656 words)

	Charles R. BADER, as Father and Next Friend of Jennifer Nico...
		That is the "attractive nuisance doctrine" which was effectively pleaded in Mr.
		Bader addressed only the matter of Jennifer's status as a licensee or invitee and his allegation that the Lawsons were negligent in failure to supervise the children using the trampoline.
		By failing to raise the attractive nuisance claim in the context of the summary judgment motion and response, Mr.
	courts.state.ar.us /opinions/old/94-1440A.html (1266 words)

	HorseCity Legal Section: Is That Horse An Attractive Nuisance? 05/13/02
		An attractive nuisance is a potentially harmful object, so inviting, interesting or intriguing to children, that it lures the child onto the property to investigate.
		The court found for the horse owner, holding that the attractive nuisance doctrine is not recognized in Vermont.
		Recent court cases have held that pastured horses generally do not constitute attractive nuisances, and therefore the owners cannot be held responsible for injuries to trespassing children.
	www.horsecity.com /stories/051302/leg_nuisance_MB.shtml (1498 words)

	Cleveland Bar Association - What's New (Site not responding. Last check: 2007-10-15)
		Even the two dissenting members of the court acknowledged "the important public-policy considerations underlying the doctrine." In fact, not only was attractive nuisance incorporated into Ohio's jurisprudence, the doctrine was expanded to include a situation not usually a part of it, i.e.
		the adoption of the attractive nuisance doctrine was concerned.
		So far as the rescuer is concerned, if she entered the defendants' property to rescue her son from an attractive nuisance, the defendants owed her a duty of ordinary care if she did not act rashly and unnecessarily expose herself to injury.
	www.clevelandbar.org /new/kents_corner/kent0201.html (1187 words)

	Converted file cld (Site not responding. Last check: 2007-10-15)
		Id. On December 21, 1999, Tamara brought the instant action, claiming that "by permitting the pond to exist in an unfenced, unguarded, unprotected and attractive state," City breached its duty to "design, operate, plan, install and otherwise maintain" the park so as "to be free from dangerous hazards and attractive nuisances" to invitees.
		The attractive nuisance doctrine applies when the problem complained of is (1) “maintained or permitted upon the property by the owner;” (2) “particularly dangerous to children, and of such a nature that they will not comprehend the danger;” and (3) “particularly attractive to children.”; Cunningham v.
		We affirm the denial of summary judgment as to Tamara’s claim of City’s negligence with respect to an invited guess; however, we reverse the denial of summary judgment as to the claim under the attractive nuisance doctrine.
	www.state.in.us /judiciary/opinions/archive/10040001.cld.html (1824 words)

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