Novak v. C. M. S. Builders & Developers

This appeal proceeds from an order striking plaintiff child trespasser’s complaint and dismissing his damage action for injuries he received while playing on defendant’s construction site. The issue presented for review is whether the complaint and action are predicated solely upon the “attractiveness” of the construction site or are also based upon an articulated or inferable condition on the land which was dangerous to children who frequented the site but were unable to appreciate the risks imminent to the area. For the reasons set forth below, we reverse and remand.

Plaintiff*s complaint,…