PERSONAL AND CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION
February 2, 2016
Kalani Herrera
100 North Sunray Circle
Tucson, Arizona 85702
Re: Attractive Nuisance Doctrine Suit
Dear Ms. Herrera:
I hope you’ve been well. Recently, we discussed the personal injury lawsuit filed against you by the Malone family, on behalf of their daughter Maria. I enjoyed meeting with you and hearing about the “Soggy Disintegration” land-art and your other pieces of artistic protest. From what you have told me, your artists’ collective is important for the culture and community.
However, as this letter explains, there could be some legal risks. Specifically, you have asked for advice on whether the land-art involved in Maria’s accident was an artificial or natural condition on land. After researching the issue, and based on the facts set out below, a court would likely conclude that the “Soggy Disintegration” piece is an artificial condition; thus, the Malones will likely be able to recover damages. I will explain this conclusion in detail, after first setting out the facts as I understand them.
Summary of Facts. As I understand it from our prior conversation, on Sunday, March 16, 2014, the Malone family visited your artists’ collective without permission. During their visit to the private property …show more content…
Natural objects placed on the land by the property owner remain natural. Additionally, artificial conditions are “man-made” objects of unusual character, more than ordinarily attractive to children. Further, artificial objects are those that need to be regularly maintained. This means that natural bodies of water like lakes or pond are normally not attractive nuisances. Considering all of the facts and the law, your inspired piece of land-art is
February 2, 2016
Kalani Herrera
100 North Sunray Circle
Tucson, Arizona 85702
Re: Attractive Nuisance Doctrine Suit
Dear Ms. Herrera:
I hope you’ve been well. Recently, we discussed the personal injury lawsuit filed against you by the Malone family, on behalf of their daughter Maria. I enjoyed meeting with you and hearing about the “Soggy Disintegration” land-art and your other pieces of artistic protest. From what you have told me, your artists’ collective is important for the culture and community.
However, as this letter explains, there could be some legal risks. Specifically, you have asked for advice on whether the land-art involved in Maria’s accident was an artificial or natural condition on land. After researching the issue, and based on the facts set out below, a court would likely conclude that the “Soggy Disintegration” piece is an artificial condition; thus, the Malones will likely be able to recover damages. I will explain this conclusion in detail, after first setting out the facts as I understand them.
Summary of Facts. As I understand it from our prior conversation, on Sunday, March 16, 2014, the Malone family visited your artists’ collective without permission. During their visit to the private property …show more content…
Natural objects placed on the land by the property owner remain natural. Additionally, artificial conditions are “man-made” objects of unusual character, more than ordinarily attractive to children. Further, artificial objects are those that need to be regularly maintained. This means that natural bodies of water like lakes or pond are normally not attractive nuisances. Considering all of the facts and the law, your inspired piece of land-art is