Pinegar v. Harris
Louisiana Court of Appeals
20 So. 3d 1081 (2009)
Four-year-old Brooklynn Pinegar was seated at a dining table by her father, Bradley Harris (defendant), while visiting his friend Michael Cascio's (defendant) home; a turtle sat in a glass bowl on top of a television, positioned four to five feet off the floor and out of Brooklynn's reach whether standing or seated in her chair. Moments after Harris stepped a few feet away (though he could still see her by turning), he heard a crash and found Brooklynn on the floor with the broken bowl and cuts on her face. Springman, on Brooklynn's behalf, sued Harris and Cascio for negligent supervision, arguing the turtle bowl was an attractive nuisance; the trial court granted summary judgment for Cascio, and Springman appealed.
Whether the attractive-nuisance doctrine applies only where there is a hidden trap or inherently dangerous instrumentality that is peculiarly attractive to children.