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<br />SEP-19-2005 15:00 <br /> <br />LEAGUE OF MN CITIES <br /> <br />6512811296 <br /> <br />P.07 <br /> <br />51 <br /> <br />(ii) is, to his knowledge, likely to cause death or <br />serious bodily harm to such trespassers and <br />(iii) is of such a nature that he has reason to <br />believe that such trespassers will not discover <br />it, and <br />(b) the possessor has failed to exercise reasonable care <br />to warn such trespassers of the condition and the risk <br />involved. <br /> <br />If the waterway is an artificial condition highly dangerous <br />to known trespassers, the standard of care is Restatement <br />(Second) of Torts ~337. The rule states a possessor of land who <br />maintains on the land an artificial condition which involves a <br />risk of death or serious bodily harm to persons coming in <br />contact with it, is subject to liability for bodily harm caused <br />to trespassers by his failure to exercise reasonable care to <br />warn them of the condition if <br /> <br />(a) the possessor knows or has reason to know of their <br />presence in dangerous proximity to the condition, and <br />(b) the condition is of such a nature that he has reason <br />to believe that the trespasser will not discover it or <br />realize the risk involved. <br /> <br />If the waterway is an artificial condition which is highly <br />dangerous to trespassing children, the standard of care is <br />Restatement (Second) of Torts &339. See Minnesota Law Section <br />of this letter; Kukowski v. William Miller Scrap Iron & Metal <br />Co., 353 N.W.2d 638, 641-42 (Minn. Ct. App. 1984) (Quoted and <br />used Restatement (Second) of Torts ~339) _ The rule states a <br />possessor of land is subject to liability for physical harm to <br />children trespassing thereon caused by an artificial condition <br />upon the land if <br /> <br />(a) The place where the condition exists is one upon which <br />the possessor knows or has reason to know that <br />children are likely to trespass, and <br />(b) the condition is one of which the possessor knows or <br />has reason to know and which he realizes or should <br />realize will involve an unreasonable risk of death or <br />serious bodily harm to such children, and <br />(c) the children because of their youth do not discover <br />the condition or realize the risk involved in <br />intermeddling with it or in coming within the area <br />made dangerous by it, and <br />(d) the utility to the possessor of maintaining the <br />condition and the burden of eliminating the danger are <br />slight as compared with the risk to children involved, <br />and <br />(e) the possessor fails to exercise reasonable care to <br />eliminate the danger or otherwise protect the <br />children. <br /> <br />5 <br /> <br />~/r <br />