Question

Difficulty: EasySpecific Detail Inferences

In the late nineteenth century, the common law regarding landowner liability underwent a significant transformation with the advent of the "attractive nuisance" doctrine, initially formulated in the landmark case of *Sioux City & Pacific Railroad Co. v. Stout* (1873). Prior to *Stout*, the prevailing legal orthodoxy held that property owners owed virtually no duty of care to trespassers, regardless of their age or the nature of the hazard. This rigid adherence to property rights meant that children who wandered onto private land and were injured by artificial, dangerous conditions—such as unguarded railroad turntables—were categorically denied compensation. The *Stout* decision, however, carved out an equitable exception. The court reasoned that if a landowner maintains a hazardous condition that is both artificial and likely to attract children who, due to their youth, cannot appreciate the risk, the landowner bears a duty to exercise reasonable care to prevent injury. This shift represented a broader jurisprudential movement away from absolute property rights and toward a standard of social responsibility. Crucially, the doctrine did not impose strict liability; a landowner was not automatically liable for any injury to a child trespasser. Rather, the plaintiff was required to demonstrate that the landowner knew or should have known of the trespassing children, that the condition posed an unreasonable risk of death or serious harm, and that the burden of eliminating the danger was slight compared to the risk. While early implementations were restricted to machinery, twentieth-century courts gradually expanded the doctrine to encompass a wider array of artificial hazards, including abandoned structures, though natural conditions like ponds and steep cliffs generally remained exempt.

Statement: Based on the passage, a plaintiff bringing a claim under the attractive nuisance doctrine must show that the property owner's cost or effort to remove the hazard was relatively small compared to the risk the hazard presented.

Answer: Answer

Answer

True
The passage explicitly states that one of the conditions the plaintiff must demonstrate is that 'the burden of eliminating the danger was slight compared to the risk.' The statement accurately paraphrases this specific detail, confirming that the cost or effort to remove the hazard must be small relative to the danger.

Step-by-Step Solution

1
Locate the portion of the passage detailing the specific requirements a plaintiff must demonstrate under the attractive nuisance doctrine.
The passage lists several requirements, including 'that the burden of eliminating the danger was slight compared to the risk.'
To verify if the statement's claim about cost and effort aligns with the text.
2
Compare the text's requirement ('burden of eliminating the danger was slight') with the statement's wording ('cost or effort to remove the hazard was relatively small').
The statement is an accurate paraphrase of the explicit requirement in the text.
To ensure the inference accurately reflects the specific details provided in the passage without distortion.

Key Concept

Specific Detail Inferences
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