Facts: The plaintiff, a six-year-old at the time, was playing on the defendant’s powerhouse grounds when he was injured. It is alleged that the plaintiff was severely hurt when he tripped into a pile of ashes causing burns and permanent deformities to his body. The powerhouse contains the furnace and an area used to store ashes from the furnace. The ashes are typically kept in an enclosed area for a couple days until they are removed. However, the ones that the plaintiff fell into had not been placed into the enclosed area. A fence surrounds the property with a small gate. The gate is not the only entry point. Multiple entry points are open to the property, so trucks can haul ashes to and from. On many occasions the defendants have seen children playing on the property and have even invited them to come and watch.
Procedure and Outcome: The plaintiffs sued the defendant for negligence and were awarded monetary…show more content… Holding: No, the trial court did not err in concluding that the defendant satisfied all four elements in being held liable for the plaintiff’s injuries.
Rule(s): Restatement of Torts § 339 (Am. Law Inst. 1934).
(1) The place where the condition is maintained is one upon which the possessor knows or should know that such children are liable to trespass, and;
(2) The condition is one of which the possessor knows or should know which he realizes or should realize as involving an unreasonable risk of death or serious bodily injury to such children, and;
(3) The children, because of their youth do not discover the condition or realize the risk involved in their inter-meddling in it or in coming within the area made dangerous by it, and;
(4) The utility to the possessor of maintain the condition is slight as compared to the risk to young children involved
