• 1995 - Premises Dangerous to Child
  • C-17.30
    • Children And Minors
    • Dangerous Conditions
    • Landlord And Tenant
    • Tort Liability
    • Tort Liability

  • The [owner] [occupant] [lessor] is subject to liability for physical harm to a trespassing child caused by an artificial condition upon the premises if:

     

    1) the place where the condition exists is one upon which the [owner] [occupant] [lessor] knows or has reason to know that the child is likely to trespass;

     

    2) the condition is one which the [owner] [occupant] [lessor] knows or has reason to know and which the [owner] [occupant] [lessor] realizes or should realize will involve an unreasonable risk of death or serious bodily harm to the child;

     

    3) because of youth, the child does not discover the condition or realize the risk involved with it or the risk in coming within the area made dangerous by it;

     

    4) the utility to the [owner] [occupant] [lessor] of maintaining the condition and the burden of eliminating the danger are slight compared with the risk to the child; and

     

    5) the [owner] [occupant] [lessor] fails to exercise reasonable care to eliminate the danger or otherwise protect the child.

    * * * * *

    • In Interest of K.S., 500 NW2d 603 (ND 1993)
    • Mikkelson v. Risovi, 141 NW2d 150 (ND 1966)
  • Notes: