OUJI-CIV No. 11.5

DUTY TO CHILDREN -- ATTRACTIVE NUISANCE DOCTRINE -- ELEMENTS

OF LIABILITY

In some circumstances, an [owner/occupant] of premises may have a duty to

exercise ordinary care to protect children who trespass on [his/her/its] premises from

injury. If you find that [Plaintiff] was injured while trespassing on [Defendant's] l and,

then in order for [Plaintiff] to recover you must find all of the following to have been

established:

1. The injury was directly caused by [describe the artificial condition]

maintained by [Defendant] on the premises;

2. The condition was unusually attractive to children;

3. [Plaintiff] was attracted onto the premises by the condition;

4. The condition created an unreasonable risk of injury to children, which

[Defendant] knew, or, as a reasonably careful person, should have known;

5. [Plaintiff] lacked the ability to appreciate or realize the risk; and

6. [Defendant], failed to exercise ordinary care to protect [Plaintiff] from injury.