THE CHILDREN TRAP
In 1969 in a Manitoba park not yet open to the public, there was a large water-filled excavation that had been dug by Nelson, who had been hired by the town to work on the construction of the new park. Two children who lived in the town wandered into the unfinished park and decided to go swimming in the water-filled excavation. They drowned, and their parents filed suit against Nelson, claiming that the excavation was an allurement for children and a dangerous trap.
Did the court rule FOR or AGAINST Nelson?
The court ruled FOR Nelson and held that the children were tresspassers and the only duty owed them was not to set a trap. The excavation, being an obvious danger, was neither a trap nor an allurement.
VERDICT: In favor of Nelson, $0.00 to the plaintiff