22.17.5 Attractive Nuisance.

• Jurisdiction: Arizona

22.17.5 Attractive Nuisance. Landowners were held liable for the wrong-ful death of a trespassing 12-year-old in an eroded gully where the landowners had notice that children played on their property, that the 12-year-old would be unaware of the danger, and where there was no utility to maintaining the eroded gully.¹⁷³ In another example, the humming sound and shine from the metal of a transformer station constituted an attractive nuisance to an 8-year-old—who was unaware of the danger of the transformer, apparently as a matter of law, because he was injured by it—and the failure to put barbed wire on top of a 7-foot-fence constituted negligence in preventing access to children.¹⁷⁴ In still another case, dynamite caps were held to be an attractive nuisance to a group of pre-teen boys.¹⁷⁵

On the other hand, a 13-year-old boy was held...