LAW 512-001 – Torts II
An attractive nuisance is a dangerous feature on property that has an unusual characteristic or nature that makes it attractive to children, who try to convert it to a thing of amusement.
The owner/occupier must use reasonable care to protect children when the following elements are met:
- The owner is aware or should be aware of the dangerous condition.
- The owner knows or should know that children are in the vicinity.
- The condition is likely to cause injury if a child encounters it because of the child's inability to appreciate risk.
- The magnitude of the risk outweighs the utility or expense to remedy.