attractive nuisance doctrine

• Bush v. Ohio Edison, (Ohio 2006)

Attractive nuisance doctrine, summary judgment, child’s appreciation of risk.

• Ohio Supreme Court

• McDaniels v. Sovereign Homes, (Ohio 2006)

Negligence: Attractive nuisance doctrine. The attractive nuisance doctrine does not apply where: (1) the evidence clearly shows that the child was aware of the risk in his actions, and (2) where the condition on appellee's property was not inherently dangerous in and of themselves and any hazardous condition was the creation of the trespasser.

• Ohio Supreme Court

• Country Club Had No Duty to Protect Child Who Fell Through Frozen Pond

A country club had no duty to protect a child who fell through the ice of an irrigation pond because it was not an "artificial condition" within the meaning of the attractive nuisance doctrine, the Delaware Supreme Court has ruled. Disregarding his mother's warnings to stay away from the pond, an eight-year-old boy fell through the ice and suffered serious injuries related to oxygen deprivation. He died 14 months later.

• Lawyers USA
• October 09, 2006

• Uddin v. Embassy Suites Hotel, (Ohio 2005)

Trial court erred when it concluded that the open-and-obvious doctrine precluded plaintiff-appellant's claim of negligence in a wrongful death and survivorship action. However, because at the time decedent drowned in a hotel's indoor swimming pool, decedent was an invitee, not a child trespasser, the trial court correctly granted partial summary judgment in favor of defendants-appellees based upon plaintiff-appellant's claim of liability under the attractive nuisance doctrine.

• Ohio Supreme Court

• Aponte v. Castor, (Ohio 2003)

Landowner only owes duty to refrain from willful, wanton and reckless conduct as to trespasser. However, children are afforded greater duty of care, even when trespassing, proportionate to their inability to foresee and avoid dangers. Landowner in this case breached no duty where child appreciated danger posed by horses and additional warnings regarding particular horse in question not necessary. Doctrine of attractive nuisance not applicable insofar as horse is not "an artificial condition" on the property. child trespasser; horse; attractive nuisance; duty owed

• Ohio Supreme Court

• Virginia Harmon, Individually and as Personal Representative of the Estate of Brandon Scott Harmon, a Deceased Minor, Plaintiff-Appellant, v. the Billings Bench Water Users Association and the City of Billings, Defendants-Appellees., 765 F.2d 1464 (9th Cir. 1985)

... four distinct theories of liability: nuisance, attractive nuisance, negligence, and strict liabi... formulation of the attractive nuisance doctrine found in section 339 of the Restatement (Second) o...

• Federal Circuits

• Mayle v. McDonald Steel Corp., (Ohio 2011)

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

... the application of the doctrine  . - 1 -. of attractive nuisance.  For the fo...

• Ohio Supreme Court

• 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...

... for cases involving children is the doctrine of attractive nuisance. A possessor of land may be...

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

• Bennett v. Stanley, 92 Ohio St.3d 35 (2001)

Torts — Negligence — Attractive nuisance — Unused residential swimming pool — Level of duty property owner owes to a child trespasser — Possessor of land subject to liability for physical harm to children trespassing thereon caused by an artificial condition upon the land, when — Adult who attempts to rescue a child from an attractive nuisance assumes the status of the child and is owed a duty of ordinary care by the property owner.

...2. . While the attractive nuisance doctrine is not ordinarily applicable to adults, it may be ...

• Ohio Supreme Court

• Nesmith v. Starr Et Al., 115 Ga. App. 472, 155 S.E.2d 24 (1967)

Judgments affirmed. Bell, P. J., Jordan, Hall and Quillian, JJ., concur. Hall, J., also concurs specially. Frankum, P. J., Eberhardt, Pannell and Deen, JJ., dissent.

... around the home or play area, was attractive to and did attract the miller plaintiff and other ... left on the premises was an attractive nuisance" (emphasis supplied), that, since the original dem... based upon the 'attractive nuisance doctrine,' " perhaps basing this assumption upon this court...

• Georgia Court Of Appeals