Perhaps property owners should just hand over their wallets. They might as well if they're going to be liable for injuries suffered by every child trespasser who takes a tumble in an empty field. On Friday, the Rhode Island Supreme Court opened up the pockets of landowners by reviving the personal injury suit of a boy who was hurt playing football in a grass-covered vacant lot in Pawtucket.
CIVIL- summary judgment; Civ.R. 56(C); de novo; negligence; child trespasser; open and obvious danger; attractive nuisance; appreciated risk; willful, wanton, or reckless conduct
WHITTIER - Higher-than-normal rainfall this past winter followed by recent warm temperatures resulted in a problem for city officials - tall weeds sprouting up to 6 feet around the vacant Fred C. Nelles Youth Correctional Facility. The site looks horrific," said Jeff Collier, director of community development. "The weeds are crazy. It looks quite appalling. The site is becoming an attractive nuisance.
Taking a vacation is a quintessential American activity. Unfortunately, when vacationing tourists get hurt or injured, they engage in litigation. Lawsuits over water sports and recreational liability issues have proliferated over the past decades. This article will discuss some of the different types of cases that arise, various legal theories propounded by plaintiffs, common defenses asserted by defendants, statutory protections afforded by legislatures, special considerations for different types of defendants, and strategies in defending such cases. The most typical types of legal theories arising in such lawsuits include negligence, duty to warn and attractive nuisance. On the other hand, defendants seek to limit the extent of their duties and to interpose various defense theories su...
Attractive nuisance doctrine, summary judgment, child’s appreciation of risk.
Lifeguard "Saves Unfortunately, the lifeguards have been busy at the pool. As of this writing, staff has had to go into the water to help three children out of the pool. The slide is a wonderful addition to the pool, but also an attractive nuisance. Kids just can't seem to resist being drawn to the slide. Please make sure your children can swim to the side before allowing them to use the slide. These instances could have ended very badly without the prompt response by GTA lifeguard Megan Eshelman. Good work, Megan!
Train, injury, trespasser, summary judgment, duty of care, wanton and willful, attractive nuisance, physical facts rule.
Workers today plan to complete a $50,000 project to remove a small Lawrence County dam that officials say endangered campers and fish. It served a purpose at one time," Lisa Hollingsworth-Segedy of American Rivers Inc. said about the Fairless Murray Dam on Slippery Rock Creek in Wayne. "But for years it's just been an attractive nuisance. It had to go.
Negligence – attractive nuisance – trespass – summary judgment.
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