The End of Innocence: The Effect of California's Recreational Use Statue on Children at Play

Authors

Kathryn D. Horning

Library of Congress Authority File

http://id.loc.gov/authorities/names/n79122466

Document Type

Comments

Abstract

One hundred years ago, the idea that children deserved special protection from dangerous conditions found on private property was adopted by both the United States and California Supreme Courts. Due to innocence of children and their inability to perceive possible dangers, landowners were required to provide a higher degree of protection to children than adults. This new and revolutionary idea, later to be labeled the attractive nuisance doctrine, was adopted by the Restatement of Torts in what has been called its "most effective single section." However, today in California, a recent decisions has reversed a century of development in the law which has provided protection to children. The duty of care required of a landowner towards the children of this state has returned to that which existed over one hundred years ago.

Recommended Citation

Kathryn D. Horning, The End of Innocence: The Effect of California's Recreational Use Statue on Children at Play, 32 San Diego L. Rev. 857 (1995).
Available at: https://digital.sandiego.edu/sdlr/vol32/iss3/6