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Encyclopedia > Attractive nuisance doctrine

Under the attractive nuisance doctrine of the law of torts, a landowner may be held liable for injuries to children trespassing on the land if the injury is caused by a hazardous object or condition on the land that is likely to attract children, who are unable to appreciate the risk posed by the object or condition. The doctrine has been applied to hold landowners liable for injuries caused by abandoned cars, piles of lumber or sand, and swimming pools. In the common law, a tort is a civil wrong for which the law provides a remedy. ... In the most general sense, a liability is anything that is a hinderance, or puts one at a disadvantage. ... In law, trespass can be: the criminal act of going into somebody else’s land or property without permission; it is also a civil law tort that may be a valid cause of action to seek judicial relief and possibly damages through a lawsuit. ... A male Caucasian toddler child A child (plural: children) is a young human. ... Cars is: The plural of the car Cars, the seventh Pixar movie, scheduled for release in 2006, and the final Disney/Pixar movie. ... Lumber is the name used, generally in North America, for wood that has been cut into boards or other shapes for the purpose of woodworking or construction. ... Patterns in the sand Sand is an example of a class of materials called granular matter. ... 50 meter indoor swimming pool A swimming pool, swimming bath, or wading pool is an artificially enclosed body of water intended for recreational or competitive swimming, or for other bathing activities that do not involve swimming, e. ...


In order for the landowner to be held liable, the condition must be one of which the landowner is or reasonable should be aware, and the landowner should also have reason to know that children might be in the area. Furthermore, the landowner will not be held liable if the cost of fixing the hazard substantially outweighs the risk.


Under the old common law, the plaintiff (either the child, or a parent suing on the child's behalf) had to show that it was the hazardous condition itself which lured the child onto the landowner's property. However, most jurisdictions have statutorily altered this condition, and now require only that the injury was forseeable. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... A plaintiff, also known as a claimant, or a complainant is the party who initiates a lawsuit (also known as an action) before a court. ...


  Results from FactBites:
 
liability (2049 words)
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.
Zukatis v. Perry (2446 words)
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.
  More results at FactBites »


 

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