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13-1312. Trespassing children (attractive nuisance).

            An [owner] [occupant] has a duty to prevent injury to a trespassing child resulting from __________________ (describe structure or artificial condition) artificial condition of the land if:

            (1) The place where the condition is maintained is one upon which the [owner] [occupant] knows or has reason to know that children are likely to trespass;

            (2) The condition is one which involves an unreasonable risk of injury to trespassing children and the [owner] [occupant] knows or has reason to know of such risk; and

            (3) The child because of [his] [her] youth does not discover the condition or realize the risk involved by intermeddling with it or coming into the area made dangerous by it.

            In such a case, the [owner] [occupant] has a duty to exercise ordinary care, considering the youth of the child, to prevent injury to the child.

 

USE NOTES

            This instruction may be used when the injured trespasser is a child.

[As amended, effective January 1, 1987; November 1, 1991.]

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