WI · jury_instructions
Wis JI-Civil 8027
Trespass: Child Trespasser (Attractive Nuisance): Special Verdict
Question 1: Was (child) a trespasser upon (landowner)'s property?
ANSWER:
Yes or No
If you answered Question 1 "no," then answer no further questions.
If you answered Question 1 "yes," then answer the following questions.
Question 2: Did (landowner) maintain or allow to exist an artificial condition on the
property that (landowner) knew or should have known was inherently
dangerous to children and involved an unreasonable risk of serious bodily
harm or death to children?
ANSWER:
Yes or No
Question 3: Could (landowner) have reasonably provided safeguards that would have
obviated the inherent danger without interfering with the purpose for which the
artificial condition was maintained or allowed to exist?
ANSWER:
Yes or No
Question 4: Did (landowner) know or should (he) (she) have known that children
trespassed on the property?
ANSWER:
Yes or No
If you answered "yes" to questions 2, 3, and 4, then answer the following question. If
you answered "No" to question 2, 3, or 4, then answer no further questions. 1
Question 5: Did (child) because of (his) (her) youth or tender age fail to discover the
artificial condition or realize the risk involved in entering onto the property or
playing in close proximity to the inherently dangerous artificial condition?
ANSWER:
Yes or No
If you answered "No," then answer no further questions.
Question 6: Was the artificial condition a cause of (child)'s injury?
ANSWER:
Yes or No
History
Wis JI-Civil 8027 (2013). ©2013, Regents, Univ. of Wis. Prepared by the Wisconsin Civil Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
73b681b21e5934a30288f71098e6b080c9d976f71d29445e2654d13303722070
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