Subject: Attractive nuisance doctrine.
Five year old injured when trespassed on multi-acreage land in proximity to two subdivisions in a semi-rural area by a horse after approaching from behind on a dare. Child was kicked and injured.
Whether horses/livestock, without vicious propensities, kept on a farm b/t 2 subdivisions should be considered “attractive nuisance”.
Domestic animals without vicious propensities are not an attractive nuisance.
[Attractive Nuisance Doctrine]
-Animals not an artificial condition.
-Domesticated animals are not an attractive nuisance.
The cost of rendering the farm inaccessible to children would have been prohibitive.
In other case it was wiring that would have kept the children out, here it was more.
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