DE · jury_instructions
Del. P.J.I. Civ. § 15.10
Duty of Landowner to Trespassing Children in Dangerous Conditions
LIABILITY TO CHILDREN
FOR HIGHLY DANGEROUS ARTIFICIAL CONDITIONS
A possessor of land is liable to young children on the land for bodily harm
caused by a structure or other artificial condition on the land, if:
(1) the place is one that the possessor knows or should know that young
children are likely to trespass on;
(2) the possessor knows or should know that the structure or condition
involves an unreasonable risk of death or serious bodily harm to young children;
(3) the children, because of their youth, do not discover the condition or
realize the risk involved in meddling in it or in coming within the area made
dangerous by it;
(4) the usefulness to the possessor of maintaining the condition is slight as
compared to the risk to young children; and
(5) the possessor fails to exercise reasonable care to eliminate the danger
or otherwise protect the children.
If you find that all of these elements exist, then you must find for [plaintiff’s
name].
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- civ-2025-10-22
- Content hash
32d63c0e9c19c6a76808d1a89bc42dd2d924a27812eb60af72b90af4af38fdd4
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