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Simple English definitions for legal terms

attractive nuisance doctrine

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A quick definition of attractive nuisance doctrine:

The attractive nuisance doctrine is a rule that says if there is something on someone's property that is very interesting to children, like a swimming pool or a junkyard, the owner of the property has to make sure it is safe or warn children about the danger. This is because children might not understand the danger and could get hurt. The owner of the property can be responsible for any harm that comes to a child if they don't take care of the dangerous thing. Adults can also use this rule if they get hurt trying to save a child from the danger.

A more thorough explanation:

The attractive nuisance doctrine is a legal principle that holds property owners responsible for dangerous conditions on their property that may attract children and pose a risk to their safety. In tort law, property owners have a duty to treat trespassing children as invitees and take reasonable care to eliminate potential dangers or provide adequate warning.

For example, a swimming pool may not be considered an attractive nuisance unless it includes some hidden or latent danger, as children generally understand the risks of drowning. However, a junkyard may be considered an attractive nuisance if not properly maintained, as it may entice young children to play among the debris and expose them to the risk of injury.

The attractive nuisance doctrine is based on the following factors:

  • The place where the condition exists is one upon which the possessor knows or has reason to know that children are likely to trespass.
  • The condition is one of which the possessor knows or has reason to know will involve an unreasonable risk of death or serious bodily harm to such children.
  • The children do not discover or realize the risk involved in intermeddling or coming within the dangerous area.
  • The utility to the possessor of maintaining the condition and the burden of eliminating the danger are slight compared with the risk to the children involved.
  • The possessor fails to exercise reasonable care to eliminate the danger or otherwise to protect the children.

While the attractive-nuisance doctrine is generally asserted to injured children who are too young to appreciate potential risks, adults may also invoke the doctrine when seeking damages for their own injuries suffered in an attempt to rescue a child from a danger created by the defendant's attractive nuisance.

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19:43
@Dkk: yeah register 1 website and every swinging tom dick and harry calls/emails/texts to 'help with seo'. like bruh, if YOU found it, what i am doing is working
Dkk
19:43
Indeed!
19:48
wasp, i think people are hopeful for a gov who at least attempts to care about the common man
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
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