Attractive nuisance (child trespasser)

Rest. 2d Torts §339

The rule

A land possessor is liable for physical harm to a child trespasser caused by an artificial condition on the land if: (1) the possessor knows or has reason to know children are likely to trespass at that place; (2) the condition poses an unreasonable risk of death or serious harm to such children; (3) because of their youth, the children do not discover the condition or appreciate the risk; (4) the utility of maintaining the condition and the burden of eliminating the danger are slight compared with the risk; and (5) the possessor fails to exercise reasonable care.

In plain English

Kids get special protection on other people's land when an artificial hazard (pool, machinery, abandoned appliance) foreseeably draws them in. The child need not be actually 'attracted' by the condition in modern law.

Memory hook

K-A-R-U-C: Kids likely, Artificial condition, Risk kids can't appreciate, Utility low, Care not taken.

The trap

Applies only to ARTIFICIAL conditions — natural conditions (ponds, cliffs) generally don't trigger the doctrine.

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