628 A. 2d 1062 - Me: Supreme Judicial Court 1993
Subject: Attractive nuisance doctrine.
The 9 year old entered defendant's property to fish, caught an eel, climbed fence, attempted to cook eel, was shocked and burned as a result.
Attractive Nuisance Doctrine:
- If the child is fully aware of the condition, understands the risk it carries, and is quite able to avoid it, he stands in no better position than an adult with similar knowledge/understanding.
- A landowner is not required to keep his land free from conditions which even young children are likely to observe and the full extent of risk involved in which they are likely to realize.
The court held that the plaintiff knew that at time of the accident (1) the purpose of fence, (2) propensities of electricity, (3) that he was careful to not touch wire, (4) “dumb idea”
Summary judgement was properly granted, the plaintiff can not recover in this case.
On the exam:
This issue tends to come up on a final exam as a child that is enters a person's land and is injured. Ask: Is the child fully aware of the condition of the property and the risk it carries (is it apparent) and is the child able to avoid it?
If yes, the child is in the same position as an adult plaintiff that possesses similar knowledge and understanding of the property and the risk/danger at hand.
If the child/individual can observe the conditions of the property, the landowner is not liable. A landowner is not required to keep his land free from conditions that an individual is likely to observe if the full risk is realizable.
Read full text: http://scholar.google.com/scholar_case?case=10818750987570060169&hl=en&as_sdt=6&as_vis=1&oi=scholarr
Support us by:
Checking out our amazing store on Etsy: http://www.bohobuttons.com
While in law school I traveled the world. Puerto Rico. Egypt. Israel. The Netherlands. All over the United States. Costa Rica. Panama... How, you ask? I found ways to make money on the side. One of those ways was hosting my apartment on AirBnB. If you have an extra room, this is a perfect way to make some extra cash.
Since law school, I have traveled to dozens of countries for pleasure with my family. It's not rocket science. You just need to know how to start some side hustles. Another one of my favorite ways to make money is buying and selling stocks and cryptocurrency on Robinhood. Join now and get a free stock through this link: Join Robinhood and Get a Free Stock!