attractive nuisance cases

• Water Sports and Recreational Liability Issues (Come On in, the Water's Fine!)[Dagger]

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...

• FDCC Quarterly
• Vol. 56 Nbr. 4, July 2006

• Spahr v. Ferber Resorts, LLC, (10th Cir. 2011)

... argument that this case is governed by attractive nuisance cases is raised for the first time in the...

• Federal Circuits

• The tragedy of the Euro.

... take the form of rising prices and, in most cases, a lower quality of money. (2) These external cost...First, the operation might not be attractive for banks. The interest rate offered for the gover...The Stability Pact: More Than a Minor Nuisance? Economic Policy (April): 65-113. . European Centr...

• Independent Review
• Vol. 15 Nbr. 4, March 2011

• United Zinc & Chemical Co. v. Britt, 258 U.S. 268 (1922)

...262, 14 Sup. Ct. 619, and kindred cases were relied upon as leading to the result, and per... the principles of law applicable to 'attractive nuisance' cases, of which this one is typical. . [...

• U.S. Supreme Court

• What climate change can do about tort law.

...Plaintiffs in several cases have pressed tort claims against carefully compose... will agree with commentators that nuisance and other traditional tort theories are overwhelme... and other large entities are the more attractive targets; and it invites consideration of plaintiff...

• Environmental Law
• Vol. 41 Nbr. 1, January 2011

• Reconceptualizing the law of nuisance through a theory of economic captivity.

... to the persons using the road; in those cases the party would be entitled to continue his trade,... municipalities to "become and remain attractive, viable communities providing good living and adeq...

• Albany Law Review
• Vol. 75 Nbr. 1, September 2011

• Cargill, Incorporated, a Foreign Corporation, Appellant, v. Francis Zimmer, Special Administrator of the Estate of Francis Zimmer, Jr., Deceased, Appellee., 374 F.2d 924 (8th Cir. 1967)

... (3) the issue of liability under the attractive nuisance doctrine in South Dakota and the Restatem...See the many cases collected in Schilz v. Kassuba, Inc., 27 Wis.2d 39...

• Federal Circuits

• The BP Spill and the Meaning of 'Gross Negligence or Willful Misconduct

• Louisiana Law Review
• Nbr. 71-3, April 2011

• David Lee Archie, By His Mother Juanita Archie, Plaintiff-Appellant, v. Illinois Central Gulf Railroad Company, a Corporation, Defendant-Appellee., 709 F.2d 287 (5th Cir. 1983)

... any intent to rely on the doctrine of attractive nuisance, the legal dispute in this case centers o...See also Annot., 20 A.L.R. 202 (1922). The cases that the railroad cites seemingly to the contrary ...

• Federal Circuits

• The contract transformation in land use regulation.

... addressed by the common law doctrine of nuisance, which was long available to adjust land uses. (19...Development contracts proved so attractive that their use became routine even for small devel... contractual unfairness only in extreme cases. (108) . In sum, the contract model greatly alters...

• Stanford Law Review
• Vol. 63 Nbr. 3, March 2011