One could argue that MJ was the hazardous condition and lured the kids
and their parents.

On Fri, Jun 26, 2009 at 2:54 PM, Gruss Gott<[email protected]> wrote:
>
>> Scott wrote:
>> That is like saying that its not the bank robber's fault he robbed the
>> bank, the morons kept the money there.
>
> From Wiki:
>
> Under the attractive nuisance doctrine of the law of torts, a
> landowner may be held liable for injuries to children trespassing on
> the land if the injury is caused by a hazardous object or condition on
> the land that is likely to attract children who are unable to
> appreciate the risk posed by the object or condition.
>
> There is no set cut off point that defines youth. The courts will
> evaluate each "child" on case by case basis to see if the "child"
> qualifies as a youth.
>
> Under the old common law, the plaintiff (either the child, or a parent
> suing on the child's behalf) had to show that it was the hazardous
> condition itself which lured the child onto the landowner's property.
> -----------------
>
> So, were the children lured there or did the parent place them there?
> In the case of MJ the parents placed them there.  i.e, the children
> weren't wandering by, say Neverland, and walked in.
>
> Thus, from the perspective that MJ was a hazard (and what parent
> wouldn't think so), it's the parent's fault.
>
> 

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