Started By
Message

re: 'Prayer Baby' drowns in church's baptism tank

Posted on 9/25/14 at 2:41 pm to
Posted by Tornado Alley
Member since Mar 2012
26619 posts
Posted on 9/25/14 at 2:41 pm to
I'd say the child's estate has a claim if the baptismal had certain circumstances surrounding its existence that made it more dangerous.

The attractive nuisance doctrine first needs an object likely to attract children and then a hazardous condition posed by that object, IIRC from torts I. If the baptismal was kept filled, or partially-filled, and no baptism services were planned or conducted, or if the door to the baptismal was non-existent or open, those could potentially be circumstances that could shift the case in favor of the child's estate.
Posted by Darth_Vader
A galaxy far, far away
Member since Dec 2011
64909 posts
Posted on 9/25/14 at 2:44 pm to
quote:

The attractive nuisance doctrine first needs an object likely to attract children and then a hazardous condition posed by that object, IIRC from torts I. If the baptismal was kept filled, or partially-filled, and no baptism services were planned or conducted, or if the door to the baptismal was non-existent or open, those could potentially be circumstances that could shift the case in favor of the child's estate.


Agree 100%. But he was trying to claim that just the existence of a baptismal in and of itself was grounds for the attractive nuisance doctrine to be applied here.
first pageprev pagePage 1 of 1Next pagelast page
refresh

Back to top
logoFollow TigerDroppings for LSU Football News
Follow us on Twitter, Facebook and Instagram to get the latest updates on LSU Football and Recruiting.

FacebookTwitterInstagram