OUJI-CIV No. 11.6

DUTY TO CHILDREN -- ATTRACTIVE NUSIANCE DOCTRINE -- ABILITY OF

CHILD

In deciding whether [Plaintiff] lacked the ab ility to ap preciate or realize the risk,

you should take into account that:

[Select the appropriate instruction from the following:]

OUJI 3d (Rev. 2009) Chapter 11

[For children less than 7 years old] - As a matter of law a child under 7 years old

has no ability to appreciate the risk fr om dangerous conditions. Since [Plaintiff] was less

than 7 years old at the time of [his/her] injury, you are instructed that [he/she] lacked this

ability.

[For children between 7 and 14 ye ars old]- A child between 7 and 14 years old

is presumed to lack the ability to appreciate the risk from dange rous conditions. Since

[Plaintiff] was between 7 and 14 years old at the time of her injury, you are to presume

that [he/she] lacked this abili ty. This presumption may be overcome, though, and the

[owner/occupant] has the burden of proving by the greater w eight of the evidence that

[Plaintiff] had the ability to appreciate the danger on the premises at the time of [his/her]

injury.

[For children 14 years and older] - [Plaintiff] has the burden of proving by the

greater weight of the evidence that [he/she] lacked this ability.