401.16c Preliminary Issues - Premises Liability - Attractive Nuisance Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form
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401.16c Preliminary Issues - Premises Liability - Attractive Nuisance On (claimant)'s claim, there is a preliminary issue for you to decide. That issue is [whether (defendant) [owned] [possessed] [or] [controlled] the land or premises in question;*] whether the (identify structure or other artificial condition) was located at a place on the land or premises in question where (defendant) knew or had reason to know children were likely to be [as trespassers or otherwise]; whether the (identify structure or other artificial condition) had an unreasonable risk of death or serious harm to children who, because of their age, were not likely to discover the condition or realize the risk involved in meddling with it or in coming within the area made dangerous by it; [and] whether (defendant) knew or had reason to know of the risk to the children [; and whether (claimant child), because of his age, did not discover the condition or realize the risk involved in meddling with it or in coming within the area made dangerous by it]. [* The bracketed clauses indicated with an asterisk with a dagger should be used only if there are jury issues on those matters.]