Wendy Wanderer

Most states have an 'attractive nuisance' clause, which stipulates that homeowners must ensure that their property does not contain 'attractive nuisances' that can encourage children to engage in dangerous behaviors. But an attractive nuisance is usually thought to be a swimming pool that is not fenced in vs. general rubbish. Prior to 2001 Ohio, Vermont, and Maryland were the only states without some version of the "attractive nuisance" doctrine" (Eckner 2013). However, in 2001, the "Ohio Court adopted the Second Restatement's version of the 'attractive nuisance' doctrine -- i.e. An owner of land is liable for the death or injury of a trespassing child, limited by the factors of foreseeability and reasonable care The Court in fact went a step further and even extended the doctrine to adult rescuers injured or killed while attempting" to rescue the child (Eckner 2013).

In this case, Paul Pedestrian was not a...
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