MI Bar Practice Questions - Michigan Bar Examination Exam

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A homeowner leaves a deep, unguarded excavation near a public sidewalk where children regularly play. A child wanders in and is injured. Under the attractive-nuisance doctrine, which factor is NOT required for the landowner to be liable?

The child actually appreciated the risk involved The condition posed an unreasonable risk of serious injury to children The landowner knew or should have known children were likely to trespass at the location The utility of maintaining the condition was slight compared to the risk to children

Correct Answer:

The child actually appreciated the risk involved

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