Schilz v. Walter Kassuba, Inc.

Plaintiff contends she has alleged the elements of a cause of action upon the attractive-nuisance theory, which permits a child of tender years to recover, under certain circumstances, whether or not she is a trespasser. There is no claim that the four pipes presented a sufficient hazard so that defendant would be liable to plaintiff if she were mature, whether an invitee, licensee, or trespasser.

The attractive-nuisance doctrine had its origin in the 1841 English case of Lynch v. Nurdin.1 Recovery was allowed where a seven-year-old child climbed upon a cart left unattended on the road and was…