attractive nuisance doctrine in Louisiana

33 Louisiana opinions name it 2 courts 1949–2024 1 in the last five years

The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (10)

Case	Followed	Cited
Walker v. Union Oil Mill, Inc.green la · 1979 · cited in 2 Louisiana opinions naming this issue, 1986–1997 2 sentences 1997See Van Pelt v. Morgan City Power Boat Ass'n., Inc., 489 So.2d 1346, n. 5 (La.App. 1st Cir.1986), writ granted, 493 So.2d 627 (La.1986) (dismissed because of compromise), citing Walker v. Union Oil Mill, Inc., 369 So.2d 1043 (La.1979). 1986Suffice it to say that said doctrine does not protect this 22-year-old man. "[A]pplication of this doctrine necessarily includes a finding that the injured child was too young to understand and avoid the danger." Walker v. Union Oil Mill, Inc., 369 So.2d 1043, 1048 (La.1979). [6] In his brief, plaintiff does not state what the obstructing works might be. [7] Plaintiff urges us to exempt Surplus Line from the statute's coverage because, he argues, it was essentially insuring the Association when, under the statute, the Association had no exposure.	2	2
Saxton v. Plum Orchards, Inc.green la · 1949 · cited in 9 Louisiana opinions naming this issue, 1949–2024 2 sentences 1987While the courts of Louisiana have recognized and accepted the doctrine of attractive nuisance, [2] even after the enactment of La.R.S. 9:2791 and 2795, Saxton v. Plum Orchards, 215 La. 378 , 40 So.2d 791 (1949) and Smith v. Crown-Zellerbach, Inc., 638 F.2d 883 (5th Cir.1981), the jurisprudence is clear that unless a "hidden trap" or "inherently dangerous" instrumentality peculiarly attractive to children exists, there can be no application of the doctrine. 1987While the courts of Louisiana have recognized and accepted the doctrine of attractive nuisance, [2] even after the enactment of La.R.S. 9:2791 and 2795, Saxton v. Plum Orchards, 215 La. 378 , 40 So.2d 791 (1949) and Smith v. Crown-Zellerbach, Inc., 638 F.2d 883 (5th Cir.1981), the jurisprudence is clear that unless a "hidden trap" or "inherently dangerous" instrumentality peculiarly attractive to children exists, there can be no application of the doctrine.	1	9
Nguyen v. CRESCENT LAND & DEVELOPMENT CO.green lactapp · 1988 · cited in 3 Louisiana opinions naming this issue, 1999–2005 2 sentences 2005See Nguyen v. Crescent Land and Development Co., Inc., 88CA107 (La.App. 5 Cir. 6/7/88), 527 So.2d 456 , writ denied, 88C2158 (La.11/11/88), 532 So.2d 769 . 2005In Nguyen v. Crescent Land and Development Co., Inc., 88-CA-107 (La.App. 5 Cir. 6/7/88) 527 So.2d 456 , writ denied, 88-C-2158 (La.11/11/88), 532 So.2d 769 , a case somewhat similar to the instant case, the court rejected the applicability of the attractive nuisance doctrine.	1	3
Beasley v. Guerrierogreen lactapp · 1960 · cited in 3 Louisiana opinions naming this issue, 1965–1969 2 sentences 1969Beasley v. Guerriero, La.App., 123 So.2d 774 . 1965See authorities above cited and also Beasley v. Guerriero, La.App. 2 Cir., 123 So.2d 774 . *492 Whether any particular condition is a basis of liability under the attractive nuisance doctrine ordinarily cannot be determined until after an examination of the facts in each case, whereby the degree and nature of the risk created to children and its foreseeability may be evaluated as unreasonable or not in the light of all the surrounding circumstances.	1	3
Nguyen v. Crescent Land and Development Co., Inc.green la · 1988 · cited in 2 Louisiana opinions naming this issue, 2005–2005 2 sentences 2005See Nguyen v. Crescent Land and Development Co., Inc., 88CA107 (La.App. 5 Cir. 6/7/88), 527 So.2d 456 , writ denied, 88C2158 (La.11/11/88), 532 So.2d 769 . 2005In Nguyen v. Crescent Land and Development Co., Inc., 88-CA-107 (La.App. 5 Cir. 6/7/88) 527 So.2d 456 , writ denied, 88-C-2158 (La.11/11/88), 532 So.2d 769 , a case somewhat similar to the instant case, the court rejected the applicability of the attractive nuisance doctrine.	1	2
Racine v. Moon's Towinggreen la · 2002 · cited in 1 Louisiana opinions naming this issue, 2007–2007 1 sentence 2007See Racine v. Moon's Towing, 2001-2837 (La.5/14/02), 817 So.2d 21 , in which the supreme court refused to apply the attractive nuisance doctrine to a situation involving boys who were fourteen and fifteen years old.	1	1
Patterson v. Recreation and Park Commissiongreen lactapp · 1969 · cited in 1 Louisiana opinions naming this issue, 1999–1999 1 sentence 1999Id. at 458 , quoting Patterson v. Recreation & Park Commission for the Parish of East Baton Rouge, 226 So.2d 211, 216 (La.App. 1st Cir.1969).	1	1
Van Pelt v. Morgan City Power Boat Ass'n, Inc.green lactapp · 1986 · cited in 1 Louisiana opinions naming this issue, 1997–1997 1 sentence 1997See Van Pelt v. Morgan City Power Boat Ass'n., Inc., 489 So.2d 1346, n. 5 (La.App. 1st Cir.1986), writ granted, 493 So.2d 627 (La.1986) (dismissed because of compromise), citing Walker v. Union Oil Mill, Inc., 369 So.2d 1043 (La.1979).	1	1
State v. Shoemakergreen la · 1986 · cited in 1 Louisiana opinions naming this issue, 1997–1997 1 sentence 1997See Van Pelt v. Morgan City Power Boat Ass'n., Inc., 489 So.2d 1346, n. 5 (La.App. 1st Cir.1986), writ granted, 493 So.2d 627 (La.1986) (dismissed because of compromise), citing Walker v. Union Oil Mill, Inc., 369 So.2d 1043 (La.1979).	1	1
Loftus v. Dehailgreen cal · 1901 · cited in 1 Louisiana opinions naming this issue, 1965–1965	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway.

Also cited on this issue (48)

Case	Cited	Years
Tomlinson v. Vicksburg neutral la · 1918 2 sentences 1967If a pile of cross-ties is so obviously inviting as a plaything for children that it is negligence, per se, for the owner of the premises not to observe and guard against the danger of such temptation, what should we say of any wood pile or lumber stack, a ladder, fruit tree, or any other object not less tempting to children, nor less dangerous for them to climb or play upon, than is a pile of cross-ties?" 79 So. at 175 . 1950Co., 143 La. 641 , 79 So. 174 ; Latta v. Brooks, 293 Ky. 346 , 169 S.W.2d 7 ; Peters v. Town of Ruston, La.App., 167 So. 491 ; Southern Cotton Oil Co. v. Anderson, 80 Fla. 441 , 86 So. 629 , 16 A.L.R. 255 ; 20 R.C.L. 93; Capps v. Carpenter, 129 Kan. 462 , 283 P. 655 ; Davidson v. Sprague, 305 Ill.App. 157 , 26 N.E.2d 736 ; Browne v. Rosenfield's, Inc., La.App., 42 So.2d 885 ; Emery v. Thompson, 347 Mo. 494 , 148 S.W.2d 479 ; Martin v. Latex Construction Co., D.C., 50 F.Supp. 424 ; Brinkley Car Works & Mfg.	3	1949–1967
McKenna v. City of Shreveport green lactapp · 1931 2 sentences 1962The Court held that the attractive nuisance doctrine was not applicable, "considering the ages of the children in the case at bar, the distance of the lake from their home, that it was not of an unusual nature, that it was located outside of the corporate limits of the town of Ruston, that they were not required to pay any charge or fee for entering the premises, and that there appears to have been no unknown, hidden, or concealed dangers connected with the place of drowning." In that case the court also held that this doctrine is applied only in cases where children are too young to understan 1962The Court held that the attractive nuisance doctrine was not applicable, "considering the ages of the children in the case at bar, the distance of the lake from their home, that it was not of an unusual nature, that it was located outside of the corporate limits of the town of Ruston, that they were not required to pay any charge or fee for entering the premises, and that there appears to have been no unknown, hidden, or concealed dangers connected with the place of drowning." In that case the court also held that this doctrine is applied only in cases where children are too young to understan	3	1949–1962
Lucas v. New Orleans Public Service, Inc. green lactapp · 1971 2 sentences 1988Saxton v. Plum Orchards, 215 La. 378 , 40 So.2d 791 (1949); Cates v. Beauregard Electric Cooperative, Inc., 316 So.2d 907 (La.App. 3rd Cir.1975), affirmed, 328 So.2d 367 (La.1976), cert. denied, 429 U.S. 833 , 97 S.Ct. 97 , 50 L.Ed.2d 98 (1976); Butler v. City of Bogalusa, 258 So.2d 599 (La.App. 1st Cir.1972), writ denied, 261 La. 544 , 260 So.2d 323 (La.1972); Tooraen v. New Orleans Public Service, Inc., 243 So.2d 312 (La.App. 4th Cir.1971). 1975The majority opinion cites Tooraen v. New Orleans Public Service, Inc., 243 So. 2d 312 (La.App. 4 Cir. 1971) which held that a 14-year-old boy who climbed a seven-foot chain link fence with three strands of barbed wire at the top, embellished with signs reading "Danger High Voltage", and who then climbed a structure inside the fence some 20 feet high was contributorily negligent and could not take advantage of the attractive nuisance doctrine.	2	1975–1988
Butler v. City of Bogalusa green lactapp · 1972 2 sentences 1988Saxton v. Plum Orchards, 215 La. 378 , 40 So.2d 791 (1949); Cates v. Beauregard Electric Cooperative, Inc., 316 So.2d 907 (La.App. 3rd Cir.1975), affirmed, 328 So.2d 367 (La.1976), cert. denied, 429 U.S. 833 , 97 S.Ct. 97 , 50 L.Ed.2d 98 (1976); Butler v. City of Bogalusa, 258 So.2d 599 (La.App. 1st Cir.1972), writ denied, 261 La. 544 , 260 So.2d 323 (La.1972); Tooraen v. New Orleans Public Service, Inc., 243 So.2d 312 (La.App. 4th Cir.1971). 1975This doctrine applies only to children of tender years, who are too young to appreciate the danger, Butler v. City of Bogalusa, 258 So.2d 599 (La.	2	1975–1988
Richards v. Marlow green lactapp · 1977 2 sentences 1981Richards v. Marlow, 347 So.2d 281 (La.App. 2nd Cir. 1977). 1978Richards v. Marlow, 347 So.2d 281 (La.App. 2nd Cir. 1977).	2	1978–1981
Jackson v. Jones green la · 1953 2 sentences 1967(X La.L.R. 480)" In the case of Jackson v. Texas Company, 143 La. 21 , 78 So. 137 , L.R.A.1918D, 150 (1918) the age of the child was given as "about six years." The case of Jackson v. Jones et al., 224 La. 403 , 69 So.2d 729 a stack of piled lumber was held to be an attractive nuisance to a seven year old child who was pushed by a playmate and fell upon a protruding nail. 1967In the cited case the contractor who left a pile of lumber in a school yard was held to be negligent but only because the lumber pile contained protruding nails, the court stating: "Of course, if this pile of lumber provided no great hazard to the safety of the children because it was stacked evenly, was only two feet high and did not contain protruding nails, as found by the district judge in the Court of Appeal, there would not be any liability as it is essential, in this type of case (like those following under the attractive nuisance doctrine), that the offending object be not only temptin	2	1967–1967
Jackson v. Texas Co. neutral la · 1918 2 sentences 1967(X La.L.R. 480)" In the case of Jackson v. Texas Company, 143 La. 21 , 78 So. 137 , L.R.A.1918D, 150 (1918) the age of the child was given as "about six years." The case of Jackson v. Jones et al., 224 La. 403 , 69 So.2d 729 a stack of piled lumber was held to be an attractive nuisance to a seven year old child who was pushed by a playmate and fell upon a protruding nail. 1967(X La.L.R. 480)" In the case of Jackson v. Texas Company, 143 La. 21 , 78 So. 137 , L.R.A.1918D, 150 (1918) the age of the child was given as "about six years." The case of Jackson v. Jones et al., 224 La. 403 , 69 So.2d 729 a stack of piled lumber was held to be an attractive nuisance to a seven year old child who was pushed by a playmate and fell upon a protruding nail.	2	1949–1967
Browne v. Rosenfield's, Inc. green lactapp · 1949 2 sentences 1960The tendency of the courts is to exclude from the application of the attractive nuisance doctrine things not in their nature dangerous or peculiarly alluring or attractive to children, natural conditions, common or ordinary objects such as walls, fences, and gates, simple tools and appliances and conditions arising from the ordinary conduct of a business.” In Browne v. Rosenfield’s, Inc., La.App. 1 Cir., 1949, 42 So.2d 885 a six year old child sustained an injury from having its finger caught in an escalator of the defendant’s store. 1960The tendency of the courts is to exclude from the application of the attractive nuisance doctrine things not in their nature dangerous or peculiarly alluring or attractive to children, natural conditions, common or ordinary objects such as walls, fences, and gates, simple tools and appliances and conditions arising from the ordinary conduct of a business.” In Browne v. Rosenfield’s, Inc., La.App. 1 Cir., 1949, 42 So.2d 885 a six year old child sustained an injury from having its finger caught in an escalator of the defendant’s store.	2	1950–1960
Peters v. Town of Ruston green lactapp · 1936 2 sentences 1951It is also necessary to the application of the doctrine that the 578 danger of alluring children should be so obvious that a due regard for the safety of children would suggest to a man of ordinary prudence the necessity of taking precautions for their protection." These sections are quoted with approval in the case of Peters v. Town of Ruston, La.App., 167 So. 491 . 1950*Co., 143 La. 641 , 79 So. 174 ; Latta v. Brooks, 293 Ky. 346 , 169 S.W.2d 7 ; Peters v. Town of Ruston, La.App., 167 So. 491 ; Southern Cotton Oil Co. v. Anderson, 80 Fla. 441 , 86 So. 629 , 16 A.L.R. 255 ; 20 R.C.L. 93; Capps v. Carpenter, 129 Kan. 462 , 283 P. 655 ; Davidson v. Sprague, 305 Ill.App. 157 , 26 N.E.2d 736 ; Browne v. Rosenfield's, Inc., La.App., 42 So.2d 885 ; Emery v. Thompson, 347 Mo. 494 , 148 S.W.2d 479 ; Martin v. Latex Construction Co., D.C., 50 F.Supp. 424 ; Brinkley Car Works & Mfg.	2	1950–1951
Elks Theater Co. v. City of New Iberia green la · 1918 1 sentence 2024Co., 143 La. 164 , 78 So. 433 (La. 1918), a railroad was not held liable under the attractive nuisance doctrine for the death of a little girl by drowning in a pool of water on its right of 15 way, which was out of sight and invisible to the child except when trespassing on its tracks.	1	2024–2024
Fincher v. Chicago, R. I. & P. Ry. Co. neutral la · 1918 1 sentence 2024Co., 143 La. 164 , 78 So. 433 (La. 1918), a railroad was not held liable under the attractive nuisance doctrine for the death of a little girl by drowning in a pool of water on its right of 15 way, which was out of sight and invisible to the child except when trespassing on its tracks.	1	2024–2024
McKenzie v. NEW ORLEANS PUB. SER., INC. green la · 1984 1 sentence 2024App. 3 Cir. 1984), writ denied, 460 So. 2d 1043 (La. 1984), the property owners were not held liable under the attractive nuisance doctrine to the parents of an 11-year-old boy who drowned in their pool, as the child was old enough to appreciate the danger of drowning, since he was instructed by his parents to wear a life preserver when around water.	1	2024–2024
Louviere v. Great American Corp. neutral lactapp · 1966 1 sentence 1996Louviere v. Great American Corporation, 183 So.2d 766 (La.App. 1 Cir.1966).	1	1996–1996
State v. Edge green la · 1987 1 sentence 1996Melerme v. State, 505 So.2d 79 (La.App. 4 Cir.), writ denied, 507 So.2d 226 (La.1987).	1	1996–1996
Melerine v. State green lactapp · 1987 1 sentence 1996Melerme v. State, 505 So.2d 79 (La.App. 4 Cir.), writ denied, 507 So.2d 226 (La.1987).	1	1996–1996
Cates v. Beauregard Electric Cooperative, Inc. green la · 1976 1 sentence 1988Saxton v. Plum Orchards, 215 La. 378 , 40 So.2d 791 (1949); Cates v. Beauregard Electric Cooperative, Inc., 316 So.2d 907 (La.App. 3rd Cir.1975), affirmed, 328 So.2d 367 (La.1976), cert. denied, 429 U.S. 833 , 97 S.Ct. 97 , 50 L.Ed.2d 98 (1976); Butler v. City of Bogalusa, 258 So.2d 599 (La.App. 1st Cir.1972), writ denied, 261 La. 544 , 260 So.2d 323 (La.1972); Tooraen v. New Orleans Public Service, Inc., 243 So.2d 312 (La.App. 4th Cir.1971).	1	1988–1988
Leaman Corp. v. Morrison neutral la · 1972 1 sentence 1988Saxton v. Plum Orchards, 215 La. 378 , 40 So.2d 791 (1949); Cates v. Beauregard Electric Cooperative, Inc., 316 So.2d 907 (La.App. 3rd Cir.1975), affirmed, 328 So.2d 367 (La.1976), cert. denied, 429 U.S. 833 , 97 S.Ct. 97 , 50 L.Ed.2d 98 (1976); Butler v. City of Bogalusa, 258 So.2d 599 (La.App. 1st Cir.1972), writ denied, 261 La. 544 , 260 So.2d 323 (La.1972); Tooraen v. New Orleans Public Service, Inc., 243 So.2d 312 (La.App. 4th Cir.1971).	1	1988–1988
Butler v. City of Bogalusa neutral la · 1972 1 sentence 1988Saxton v. Plum Orchards, 215 La. 378 , 40 So.2d 791 (1949); Cates v. Beauregard Electric Cooperative, Inc., 316 So.2d 907 (La.App. 3rd Cir.1975), affirmed, 328 So.2d 367 (La.1976), cert. denied, 429 U.S. 833 , 97 S.Ct. 97 , 50 L.Ed.2d 98 (1976); Butler v. City of Bogalusa, 258 So.2d 599 (La.App. 1st Cir.1972), writ denied, 261 La. 544 , 260 So.2d 323 (La.1972); Tooraen v. New Orleans Public Service, Inc., 243 So.2d 312 (La.App. 4th Cir.1971).	1	1988–1988
Cates v. BEAUREGARD ELECETRIC COOPERATIVE, INC. green lactapp · 1975 1 sentence 1988Saxton v. Plum Orchards, 215 La. 378 , 40 So.2d 791 (1949); Cates v. Beauregard Electric Cooperative, Inc., 316 So.2d 907 (La.App. 3rd Cir.1975), affirmed, 328 So.2d 367 (La.1976), cert. denied, 429 U.S. 833 , 97 S.Ct. 97 , 50 L.Ed.2d 98 (1976); Butler v. City of Bogalusa, 258 So.2d 599 (La.App. 1st Cir.1972), writ denied, 261 La. 544 , 260 So.2d 323 (La.1972); Tooraen v. New Orleans Public Service, Inc., 243 So.2d 312 (La.App. 4th Cir.1971).	1	1988–1988
Spain v. United States green scotus · 1976 1 sentence 1988Saxton v. Plum Orchards, 215 La. 378 , 40 So.2d 791 (1949); Cates v. Beauregard Electric Cooperative, Inc., 316 So.2d 907 (La.App. 3rd Cir.1975), affirmed, 328 So.2d 367 (La.1976), cert. denied, 429 U.S. 833 , 97 S.Ct. 97 , 50 L.Ed.2d 98 (1976); Butler v. City of Bogalusa, 258 So.2d 599 (La.App. 1st Cir.1972), writ denied, 261 La. 544 , 260 So.2d 323 (La.1972); Tooraen v. New Orleans Public Service, Inc., 243 So.2d 312 (La.App. 4th Cir.1971).	1	1988–1988
Taylor v. Liberal Market, Inc. green scotus · 1976 1 sentence 1988Saxton v. Plum Orchards, 215 La. 378 , 40 So.2d 791 (1949); Cates v. Beauregard Electric Cooperative, Inc., 316 So.2d 907 (La.App. 3rd Cir.1975), affirmed, 328 So.2d 367 (La.1976), cert. denied, 429 U.S. 833 , 97 S.Ct. 97 , 50 L.Ed.2d 98 (1976); Butler v. City of Bogalusa, 258 So.2d 599 (La.App. 1st Cir.1972), writ denied, 261 La. 544 , 260 So.2d 323 (La.1972); Tooraen v. New Orleans Public Service, Inc., 243 So.2d 312 (La.App. 4th Cir.1971).	1	1988–1988
Cates v. Beauregard Electric Cooperative, Inc. green scotus · 1976	1	1988–1988
Smith v. Crown-Zellerbach, Inc. Abc green ca5 · 1981	1	1987–1987
Stanley v. Missouri Pacific Railroad Company green lactapp · 1965	1	1976–1976
Duxworth v. Pat Caffey Contractor, Inc. green lactapp · 1968	1	1972–1972
Strogens v. Small neutral lactapp · 1968	1	1972–1972
Amacker v. Kirby neutral lactapp · 1969	1	1972–1972
Burris v. City of New Orleans green lactapp · 1956	1	1967–1967
Camp v. Peel green calctapp · 1939	1	1965–1965
Puchta v. Rothman green calctapp · 1950	1	1965–1965
Coffey v. Oscar Mayer & Co. green wis · 1948	1	1964–1964
Baker-Evans Ice Cream Co. v. Tedesco green · 1926	1	1964–1964
Blum v. Weatherford & Cary Bros. neutral la · 1908	1	1962–1962
O'BIER v. Manufacturers Cas. Co. neutral lactapp · 1954	1	1960–1960
Brown v. City of Minneapolis neutral minn · 1917	1	1954–1954
Smith v. City of Baton Rouge green la · 1928	1	1954–1954
Friedman's Estate v. Texas & Pac. Ry. Co. green la · 1945	1	1954–1954
Southern Cotton Oil Co. v. Anderson green fla · 1920	1	1950–1950
Latta v. Brooks neutral kyctapphigh · 1943	1	1950–1950
Tillman v. Public Belt R. R. Commission neutral lactapp · 1949	1	1950–1950

Statutes the citing opinions construe

LA § La. Rev. Stat. § 9:2791 (4) LA § La. Rev. Stat. § 9:2795 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 48 (1921–2011) TX 39 (1931–2021) LA 33 (1949–2024) FL 33 (1925–2024) OH 32 (1968–2024) CA 31 (1919–1974) KY 24 (1918–2024) MO 20 (1939–2018) AZ 19 (1935–2024) KS 18 (1912–1995) GA 17 (1962–2010) NC 17 (1937–2012) WA 16 (1947–2020) MI 16 (1931–2018) OK 15 (1916–2024) IN 15 (1950–2012) AL 15 (1929–2009) PA 15 (1932–2013) MS 15 (1924–2005) TN 15 (1931–2002) WI 14 (1948–1998) UT 12 (1953–2024) NY 11 (1938–1964) ID 10 (1950–2007) NM 9 (1952–1998) MD 9 (1932–2019) MT 7 (1952–2010) AR 7 (1926–2017) WV 6 (1932–1992) SC 6 (1965–2011) CO 6 (1937–2013) CT 6 (1921–1993) RI 6 (1992–2022) DE 6 (1949–2022) MN 5 (1951–2001) VT 5 (1911–2026) NE 5 (1975–1992) WY 4 (1950–1995) SD 3 (1938–1980) IA 3 (1916–1969) OR 3 (1929–1977) NV 2 (1935–1972) DC 2 (1945–1981) MA 2 (1991–2006) NJ 2 (1950–1996) ME 2 (1993–1998)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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