The Elements for the Claim of Attractive Nuisance

In Nevada, the elements for the claim of Attractive Nuisance are:

  1. Defendants owned or were in lawful possession of real property known as [ADDRESS] (the “Property”);
  2. Defendants knew that young children are likely to trespass on the Property;
  3. Defendants knew or should have known the condition of the Property involves unreasonable risk of death or serious bodily harm to trespassing children;
  4. Trespassing children, because of their youth, do not discover the condition or realize the risk involved in intermeddling in the condition or in coming within the area made dangerous by the condition;
  5. The utility of maintaining the condition to Defendants and the burden of eliminating the danger are slight as compared to the risk to young children;
  6. Defendants failed to exercise reasonable care to eliminate the danger or otherwise to protect the children;
  7. Plaintiff has suffered damages; and
  8. Plaintiff is entitled to an award of attorney fees and costs as damages.

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NLB

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