Discussion:
A court will likely conclude that the condition that our client maintains on her property is a natural condition and therefore does not constitute an attractive nuisance. Under the attractive nuisance doctrine, a possessor of land is subjected to liability for physical harm to children trespassing thereon caused by an artificial condition upon the land. Norton v. Black. A possessor of land is not subjected to liability for physical harm to children trespassing thereon cause by a natural condition upon the land. Norton v. Black. To be considered a natural condition, a condition cannot be created by human alterations, and if a condition is relocated, it must be undistinguishable from a similar condition in its natural state. Norton v. Black, see also State v. Jeungel. …show more content…
Norton v. Black. In that case, the landowners maintained a 15-foot planted hedge that was untrimmed. One day a boy, who was staying at the motel with his parents, climbed the bush and fell to his death.
The court held that the condition was natural. Id. The court reasoned that because the relocated shrub was undistinguishable—untrimmed—from a similar shrub in its natural state, the planted shrub …show more content…
State v. Jeungel. In that case, the state maintained a public rest area that contained a 15-foot rock formation. The rock formation was created from dynamite blasting during the construction of a road. Id. The blasting was improper, as it resulted in rock formation becoming unstable. The extent of the rock formation’s instability became evident when rock being used for footing by an underage climber gave way and resulted in the boy falling to the ground being subsequently struck by dislodged rock. Id. Consequently, the climber sustained internal
A court will likely conclude that the condition that our client maintains on her property is a natural condition and therefore does not constitute an attractive nuisance. Under the attractive nuisance doctrine, a possessor of land is subjected to liability for physical harm to children trespassing thereon caused by an artificial condition upon the land. Norton v. Black. A possessor of land is not subjected to liability for physical harm to children trespassing thereon cause by a natural condition upon the land. Norton v. Black. To be considered a natural condition, a condition cannot be created by human alterations, and if a condition is relocated, it must be undistinguishable from a similar condition in its natural state. Norton v. Black, see also State v. Jeungel. …show more content…
Norton v. Black. In that case, the landowners maintained a 15-foot planted hedge that was untrimmed. One day a boy, who was staying at the motel with his parents, climbed the bush and fell to his death.
The court held that the condition was natural. Id. The court reasoned that because the relocated shrub was undistinguishable—untrimmed—from a similar shrub in its natural state, the planted shrub …show more content…
State v. Jeungel. In that case, the state maintained a public rest area that contained a 15-foot rock formation. The rock formation was created from dynamite blasting during the construction of a road. Id. The blasting was improper, as it resulted in rock formation becoming unstable. The extent of the rock formation’s instability became evident when rock being used for footing by an underage climber gave way and resulted in the boy falling to the ground being subsequently struck by dislodged rock. Id. Consequently, the climber sustained internal