Attractive Nuisance Flashcards
(1 cards)
1
Q
Attractive Nuisance Doctrine
A
To hold a landowner liable under the Attractive Nuisance Doctrine, most courts require these five elements:
1. 🔹 There is a dangerous condition on the land (something that could hurt someone).
2. 🔹 The landowner knows or should know that children are likely to trespass near it.
3. 🔹 The condition is one the child wouldn’t recognize as dangerous (due to age or inexperience).
4. 🔹 The utility (usefulness) of keeping the condition and the burden of eliminating the danger is small compared to the risk to children.
5. 🔹 The landowner fails to take reasonable steps to fix the danger or protect children.
