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Law, 10.09.2020 01:01 jacquelinegonz

A homeowner built his home on a parcel of land that had previously been a de facto playground for middle-school children in the neighborhood. Someone had hung swings from the branches of some of the trees on the property, and children had played on the swings for years. The homeowner removed the swings and warned any children who entered his property that the land was private property and that they were trespassing. The property had been landscaped to blend in with its natural surroundings, and he added several shallow reflecting ponds, as well as lush shrubs and trees. Because of the number of ponds and the prohibitive cost of fencing each pond, the homeowner did not install fences or other barriers, though he did post prominent warning signs near every pond. The entire landscaped area was lit with solar lanterns, and the warning signs were clearly visible day and night. One day, a group of children crossed the property to get to the old playground area. On the way there, they saw a pond and decided to play in the water. Despite the shallow water, one of the children drowned. The family of the child sued the homeowner for negligence under the attractive nuisance doctrine. Is the suit likely to be successful

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