Stark V. Lowe's Companies, Inc. Case Study

Since bodies of water present a risk of harm that is readily apparent to all, along with the fact that the banks Joel fell into were made of natural conditions, the Thornton Quarry will not satisfy an artificial condition upon the land. Joel Cruz fell into Thornton Quarry, an area filled by rainwater and with earth banks made of limestone and shale. The was being used as a reservoir, “[B]odies of water . . . normally embody dangers that are readily apparent to everyone, even very young children.” Stark v. Lowe’s Companies, INC. (Ill. 1998). Bodies of water whether, man-made or natural, carry a reasonable risk that is apparent to any reasonable person. However, Joel may be able to recover if he can prove the land in question was “[C]onstructed out of a substance that is not naturally occurring.” Tarly v. Chicago Refining Products CO. (Ill. 1999). …show more content…
The defendant had previously made alterations to the land by increasing the grade of the slope and had knowledge that children commonly walked by the slope. The plaintiff alleged that the defendant was liable under the attractive nuisance doctrine since the slope was a dangerous condition. However, the court held that a condition on the land that is natural does not satisfy the meaning in the attractive nuisance doctrine. Stark. It also determined that the changes made by the defendant to the land were “[I]nsufficient to make that condition artificial.” Stark. The court concluded that there was no evidence of an artificial condition that would result in an unreasonable risk to children and since the slope was of a common condition in nature, similar to a body of water, it presented an obvious danger to all.