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[quote user="gardendance"] An example of attractive nuisance: a chemical company buys a disused swimming pool. During a long heat wave they decide to use the pool to store a few million gallons of acid. Despite the "no trespassing" and "no swimming" signs, people climb over the chain link fence, jump in the pool and get dissolved in acid.Is there anybody who believes the chemical company is less than 50% at fault in this scenario?[/quote]Something occurs to me:When you label your example as an example of attractive nuisance, it seems to stipulate that the circumstances of the chemical company and its acid storage do indeed constitute attractive nuisance.  If that is the case, then the chemical company could be found liable.  But attractive nuisance has criteria that must be met.  One qualifier is that the victims must be children, so even though you only describe the victims in your example as "people," they must be children.  But your example also states that the acid pool is protected by a chain link fence.  And the victims had to climb over the fence in order to gain access.  So presumably, the fence is in good condition.  That might disqualify your example as being attractive nuisance.  Thus, if it is not an example of attractive nuisance, I don't see how the chemical company could be held liable.  It seems to me that fencing residential swimming pools is considered to be the sufficiently responsible measure for the protection of children who might otherwise be lured to the pool.  So I think you have to remove the fence in order to label your example as attractive nuisance.Or you could leave the fence in your example, and just say that it has a hole it it.
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