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eliminate the use of the attractive nuisance doctrine, section 339 of the restatement of torts.

Created on March 19, 2016

The attractive nuisance doctrine illogically assigns the responsibility for trespassing children onto the landowner upon whose property the children have trespassed. It is an exception to the duties owed by landowners to trespassers because of childrens' inability to perceive or comprehend danger. The responsiblity for children should only held by parents and/or guardians or their deliberate assignees, the latter having consciously accepted that responsiblity. Unrelated landowners do not consciously accept that responsibility but are currently found liable in most states for injuries occurring to trespassing children who have ventured onto their property after being enticed by an 'attractive nuisance'. At no time was the parent/guardian responsibility reassigned to the landowner.

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