Law

Paugh vs . The City of Seattle

In Paugh vs . The City of Seattle , certain exceptions to the common law doctrine of exempting landowners of any liability pertaining trespassers were delineated in the case of children trespassers . The doctrine came to be called the attractive nuisance ' principle which aids in meting out judgment in tort cases involving injury of child trespassers on public or private property . In this case , several conditions should be present for a situation to be considered an attractive nuisance and thereby , attaching liability on the part of the owner

of the property In tort law of Washington State , liability attaches to a land possessor if the injury was the result of an artificial condition upon the land ' and under the following conditions (Paugh vs . City of Seattle (a ) the place where the condition exists is one upon which the possessor knows or has reason to know that children are likely to trespass , and (b ) the condition is one of which the possessor knows or has reason to know and which he realizes or should realize will involve an unreasonable risk of death or serious bodily harm to such children , and (c ) the children because of their youth do not discover the condition or realize the risk involved in intermeddling with it or in coming within the area made dangerous by it , and (d ) the utility to the possessor of maintaining the condition and the burden of eliminating the danger are slight as compared with the risk to...