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 also be used by two 17-year-old boys who suffered serious burns from catenary wires when they climbed atop a parked railroad car.
In his 25-page opinion in Klein v. National Railroad Passenger Corp., U.S. District Judge Lawrence F. Stengel found that Pennsylvania courts have recognized the attractive nuisance theory — outlined in �339 of the Restatement (Second) of Torts — as a valid exception to the general liability standard for trespassers, and that no Pennsylvania court has ever set an arbitrary age limit.
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