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MMLU / A 15-year-old boy was sledding down a pathway through a wooded area of land…

Problem

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question

A 15-year-old boy was sledding down a pathway through a wooded area of land owned by a woman. The boy had frequently used the pathway for sledding in the previous months. The path, made of concrete, led through the woods from a public highway to a pond in the rear of the woman's property. The pathway was used for sledding and the pond for skating by the residents of the neighboring areas, without the consent of the woman. Furthermore, the woman failed to post any signs forbidding trespassing. After the boy had been sledding down the pathway for approximately three hours one morning, he lost control of the sled, and steered it into a tree. The boy suffered serious injuries in the crash. If a suit is brought on the boy's behalf against the woman for the boy's personal injuries, the plaintiff will

choices

  1. recover, under the "attractive nuisance" doctrine.
  2. recover, because the woman knew or should have known of the frequent trespasses.
  3. not recover, because the boy was a trespasser.
  4. not recover, because a 15-year-old boy should have realized the risk.

subject

professional_law

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Source and history

Official source

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