Do you think the plaintiff is likely to prevail?

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Facts/Local legend: 

There is a fountain on the front lawn of a property with a red front door. People have said that the fountain is actually a wishing well. Local children (and some adults) occasionally throw change into the fountain. The homeowner has posted a sign that reads, “Please do not throw change in the fountain.” The homeowner has given up on removing the change from the fountain. A child (age 12) walks onto the lawn and tries to collect the change in the fountain. The child slips and suffers a broken foot. 

Application Section:

Analyze the facts of the case under attractive nuisance law. *You are applying your knowledge of the law (relevant document + notes from class) to the abovementioned facts. I am leaving the spacing and labeling up to you. *Please keep in mind that the analysis must be organized in a way that makes it easy to read.


Your objective/neutral assessment of the case. Do you think the Plaintiff is likely to prevail? *Key points from your analysis should be reinforced/linked to your explanation. 

Additional Facts:

Are there any facts not stated in the fact pattern that you wish you had? Explain why these facts would be relevant to an attractive nuisance analysis.

Formatting: You do not have to copy and paste the fact pattern. Type your name at the top left of the page. Please use the headings: Application Section, Conclusion, and Additional Facts. The labeling/spacing within those sections are up to you. The analysis must be clear + organized.

Times New Roman. 12 font. Single-spaced.

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