Re: Does Atractive Nuisance Doctrine Apply

Hope you notified assoc in writing and have copies. If injury occurs in future and they have knowledge of concerns, they will likely have some responsibility.

Re: Does Atractive Nuisance Doctrine Apply

From what you have said I see no basis for invoking the attractive nuissance doctrine. You will probably not have a remedy against the association if your children are injured, though my answer might be different if I knew more specifics. You will have a remedy against the individual driver who causes the injuries.

Re: Does Atractive Nuisance Doctrine Apply

Hi,

The "Attractive Nuisance Doctrine" is no longer necessary. The modern test is whether a landowner “has acted as a reasonable man in view of the probability of injury to others" when managing his property. Rowland v. Christian (1968) 69 Cal.2d 108. “Every one is responsible . . . for an injury occasioned to another by his want of ordinary care or skill in the management of his property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself." California Civil Code Section 1714. Moreover, when “dealing with a young child one must exercise greater caution than in dealing with an adult.” Schwartz v. Helms Bakery Limited (1967) 67 Cal. 2d 232.

I do not have enough time to specifically research the law regarding liability of homeowner associations since there is no potential case for me here and I am doing this purely out of concern for the children. However, the primary issue is control over the maintenance of the common areas so it seems likely that such liability is analogous to that of condominium associations which are generally held liable for negligence in maintaining the common areas of the premises. White v. Cox (1971) 17 Cal. App. 3d 824. There may even be personal liability for the directors and/or officers of the association (subject to possible limitations under Civil Code Section 1365.7). Frances T. V. Village Green Owners Assn. (1986) 42 Cal. 3d 490 (valid law, but criticized in an unpublished opinion by an inferior court).

You should do more research to find recent cases, but the homeowner association will probably be liable for failing to protect children against foreseeable risks like getting hit in the dangerous section of road. Documenting your complaints increases their potential liability. If your pleas for speed bumps continue to fall on deaf ears, you might recommend safety fencing. Anyway, I hope this helps you and let me know how your fight turns out.

God Bless,

Russ Martin

LitigatorSF@Justice.com

(415)986-8122

P.S. Hope this will dispel some of the bad press about lawyers. ;0)Here's my web site if you ever need more help: http://www.lawguru.com/users/law/litigator/index.html.