Restatement (Second) of Torts § 339

Restatement (Second) of Torts § 339

Definition

 A provision that imposes liability on a possessor of land for physical harm to trespassing children caused by an artificial condition on the land possessor’s property if (1) the land possessor knows or has reason to know that children are likely to trespass on the land; (2) the land possessor knows or has reason to know and realizes or should realize the condition will involve unreasonable risk of harm to such children; (3) because of their youth, the children do not discover the condition or recognize the risk involved in intermeddling with it; (4) the condition’s utility to the land possessor and the burden of eliminating the danger are slight compared to the risk to the children; and (5) the land possessor fails to exercise reasonable care to eliminate the danger or protect the children.

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