In a fact pattern similar to §1:286, a 12-year-old boy climbed a high tension utility tower on the grounds of a state institution.

 

The pole itself was designed by a utility company in such a manner so as to resemble a “jungle gym.” It was easily scaled by children. There were no warnings of hazard, nor had any other precautions, such as fencing the area, been taken. The child lost both arms because of his exposure to this unguarded instrument of peril.[111]

About the Author: James Swartz
Mr. Swartz, our Managing and Principal Attorney at Swartz & Swartz P.C., is a nationally recognized and respected trial attorney as well as consumer advocate. His practice focuses on cases involving negligence, torts, products liability, medical malpractice, wrongful death, and other claims involving catastrophic injuries.

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