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re: 'Prayer Baby' drowns in church's baptism tank
Posted on 9/25/14 at 2:41 pm to The Third Leg
Posted on 9/25/14 at 2:41 pm to The Third Leg
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.
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 on 9/25/14 at 2:44 pm to Tornado Alley
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.
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