Re: Not Ob/Gyn: Lawyers! Gotta luv 'em!

From: DoctorJoe@aol.com
Wed Jul 27 21:34:23 2005


In a message dated 7/27/05 8:44:56 PM, annam@uic.edu writes:

> A lawyer here in Illinois had the audacity to call the river that runs
> through our town an "attractive nuisance" (direct quote from the local
> paper).  A 9-year-old boy was allowed to go to the library without an
> adult and decided to go out the back door and across the parking lot to
> play on the edge of the river, where he fell in and drowned.  Now his
> mom is suing the city and the library for not fencing off the RIVER.
>

Legally, an attractive nuisance is any inherently hazardous object or condition of property that can be expected to attract children to investigate or play (for example, construction sites and discarded large appliances). The doctrine imposes upon the property owner either the duty to take precautions that are reasonable in light of the normal behavior of young children--a much higher degree of care than required toward adults--or the same care as that owed to "invitees"--a higher standard than required toward uninvited, casual visitors (licensees).

So the question here would be, did the city (?) "build up" around the river to make it an attractive nuisance to kids like this, or does the river run through in its natural state? Generally, when you go out of your way to develop something, you become more liable for whatever happens there.

Joe P.





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