17-Year-Old Trespassers May Use Attractive Nuisance Argument

Although the attractive nuisance theory of liability is most often applied to young children who suffer injuries while trespassing, a Pennsylvania federal judge has ruled that it may be used by two 17-year-old boys who suffered serious burns when they climbed atop a parked railroad car. Judge Lawrence F. Stengel wrote that the plaintiffs presented "evidence that 17-year-old males generally do not have fully mature brains, and as such cannot fully control their impulses or appreciate some risks."

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