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Re: Not Ob/Gyn: Lawyers! Gotta luv 'em!From: ainsron (ainsron@sbcglobal.net)Thu Jul 28 18:45:41 2005
We have one of those "attractive nuisance problems" in my area. It is a cliff that has a beautiful view of the Sacramento Valley. It is private property that has been talked about periodically as a park, if the county wanted to purchase it they could. The owner has refused to put any protective barriers on the property because it would increase his personal liability and the county can't legally do anything with it. About 2-3 times a year it attracts suicide attempts, most are successful. Just this week we had a lady slip and fall off the canyon because she walked close to the edge to peer over it, wearing flip-flops, lost her footing. Fortunately her fall was stopped by a tree and the search and rescue folks were able to get her out after about three hours in 100+ degree weather. Ronald E. Ainsworth, MD, FACOG 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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