What is included in the "failure to exercise reasonable care" aspect of attractive nuisance?

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The "failure to exercise reasonable care" aspect of attractive nuisance primarily pertains to the responsibility of property owners to ensure that children, who may be attracted to potentially dangerous conditions on their property, are protected from harm. The phrase specifically refers to the obligation to remove or mitigate hazards that could pose a risk to children who might trespass.

Neglecting to remove hazards is a clear example of failing to exercise this reasonable care. For instance, if a property has a swimming pool, playground equipment, or other enticing features that are inherently dangerous, the owner must take steps to secure those areas or eliminate dangers to prevent accidents involving curious children. Failing to do so indicates a lack of reasonable care, as these features can attract children who may not fully understand the associated risks.

In contrast, ignoring local ordinances relates more to compliance with laws rather than directly addressing the safety of children on a property. Meticulous maintenance of property, while important, does not necessarily connect to the specific legal duty regarding attractive nuisances if it does not address the potential hazards present. The inability to foresee trespassing children may reflect a lack of awareness, but it does not diminish the owner's duty to protect children from known hazards. Thus, it is the active neglect to eliminate hazards

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