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Paugh Versus City of Seattle
Paugh
versus City of Seattle
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The
legal rule and reasoning in
Washington is that the owner of the land does not owe any duty to the trespassers except
in a situation where he or she causes injury deliberately. Nevertheless, there
is an exception which favors children who trespass for injury from any form
attractive nuisance. Basing on this fact, it would be important for the court
to reconsider its ruling. If the land owner conserves an attractive nuisance,
it can easily lead to injuries due to its prevailing condition.
The
fact that the children were attracted to the pond and ended up drowning is a
clear indication that the condition is dangerous and can easily lead to a
tragedy. The requirements imposed by the state is clear on this, the
circumstance must be dangerous and can easily lead injury to children attracted
by it. It is therefore important for the owner to ensure that innocent children
who may not have adequate understanding of the danger involved are fully
protected from an appalling occurrence.
The
condition was left unguarded yet the children were highly expected to go in
such a place. The parent therefore has a right to defend the rights of the
children. The plaintiff played his part when he warned the children against
going to the pond alone. It was the duty of the owner to ensure that the pond is
fully protected against young children who could not listen to their parents.
Guarding the pond against causing injuries to children does not prevent it from
being environmentally significant. The water would still be available for
recreation.
It is
well known that drowning of children at the swimming pools and lakes can be
highly dangerous. On its ruling the court did not put into consideration the
inherent danger in a pond which protected and which the agents of the city knew
that children played and fished. The implication of the attractive nuisance is
meant to protect the welfare as well as the security of young children who are
not protected under the general rule that governs the legal responsibility of
the owners of the land against trespassers.