Delaware Property Bar Practice Exam

Property owners owe a more rigorous duty of care to child trespassers compared to adult trespassers. This heightened standard recognizes that children are often less capable of recognizing dangers and may not understand the risks involved in trespassing onto someone else's property.

The law often governs this additional duty through the attractive nuisance doctrine, which holds that if a property contains features that may entice children to trespass—such as swimming pools, trampolines, or play equipment—the property owner has an obligation to take reasonable measures to protect children from harm. This could include securing the property or eliminating hazards that could cause injury.

The reasoning behind this rigorous duty is based on the principle that children are unable to fully appreciate the potential dangers of certain conditions, and therefore, property owners must be proactive in safeguarding against accidents that could befall them. This contrasts with the standard duty of care that applies to adult trespassers, where a property owner might only be liable for willful or malicious harm.