Many courts now follow SS 339 of the Restatement (second) of Torts. For these courts, it is sufficient that the injury to the trespassing child was reasonably foreseeable. It is also sufficient that the danger on the land presented an unreasonable risk of harm.
Many courts now follow SS 339 of the Restatement (second) of Torts. For these courts, it is sufficient that the injury to the trespassing child was reasonably foreseeable. It is also sufficient that the danger on the land presented an unreasonable risk of harm.
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Many courts now follow SS 339 of the Restatement (second) of Torts. For these courts, it is sufficient that the injury to the trespassing child was reasonably foreseeable. It is also sufficient that the danger on the land presented an unreasonable risk of harm.
Copyright:
Attribution Non-Commercial (BY-NC)
Available Formats
Download as DOCX, PDF, TXT or read online from Scribd
and hence have discarded the attraction element to the theory. For these courts, it is sufficient that (1) the injury to the trespassing child was reasonably foreseeable; (2) the danger on the land presented an unreasonable risk of harm to trespassing children; (3) the danger on the land was artificial, meaning manmade rather than natural; (4) because of the child¶s youth, he or she could not appreciate the risks involved or did not discover (and understand) the threat; (5) the threatening condition was located at a place across which children were likely to trespass; and (6) the land owner failed to exercise reasonable care to protect trespassing children from the danger that caused the harm. Under this version of attractive nuisance, the danger did not have to entice the child onto the land. It is adequate that the child encountered and was hurt by a danger that he or she did not fully discern.p
United States v. Yvonne Melendez-Carrion, Hilton Fernandez-Diamante, Luis Alfredo Colon Osorio, Filiberto Ojeda Rios, Orlando Gonzales Claudio, Elias Samuel Castro-Ramos and Juan Enrique Segarra Palmer, 804 F.2d 7, 2d Cir. (1986)