Abstract
The history of the "attractive nuisance" rule shows that it stemmed from the turntable cases because the courts felt that an owner of a contrivance of this nature was negligent in not keeping it locked when he realized that small children would play on it. From this shaky proposition of law was built the even shakier structure of the "attractive nuisance." There was no longer any question of the owner failing to repair a lock on a turntable, but the mere fact that the instrumentality or appliance was there became enough to find the owner liable towards trespassing children. The "attractive nuisance" doctrine as such should be discarded and each case decided on its own merits with due regard given to whether or not the child was or was not a trespasser.
Recommended Citation
Robert M. Debevec, Is the Attractive Nuisance Doctrine Outmoded, 5 Clev.-Marshall L. Rev. 85 (1956)