2011 SURVEY OF RHODE ISLAND LAW: CASE: Tort Law: Hill v. National Grid, 11 A.3d 110 (R.I. 2011) Skip over navigation
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Copyright (c) 2012 Roger Williams University Law Review
Roger Williams University Law Review

2011 SURVEY OF RHODE ISLAND LAW: CASE: Tort Law: Hill v. National Grid, 11 A.3d 110 (R.I. 2011)

Spring, 2012

Roger Williams University Law Review

17 Roger Williams U. L. Rev. 650

Author

Marjorie Whalen

Excerpt



Tort Law. Hill v. National Grid, 11 A.3d 110 (R.I. 2011). In Rhode Island, in order to survive summary judgment on an attractive nuisance claim, the plaintiff is only required to show that the landowner knew or had reason to know that children are likely to trespass on the property, and that the defendant landowner knew or had reason to know of a potentially dangerous condition on the land.

Facts and Travel
 
In October 2006, twelve-year-old Austin Hill was playing touch football with some friends on a grassy vacant lot owned by National Grid in a residential neighborhood of Pawtucket, Rhode Island. 1 During the game Austin tripped over a metal pole sticking out of the ground. 2 When Austin fell he cut his leg on a second metal pole. 3 Bleeding profusely, Austin rode his bike home and his mother brought him to the emergency room of a local hospital. 4 Although Austin's leg wound eventually healed, his leg is permanently scarred. 5

Austin's parents filed suit in Superior Court alleging that National Grid negligently maintained its property, causing Austin's injuries. 6 National Grid argued that it did not owe a duty to Austin because he had trespassed on the utility's lot. 7 Plaintiffs argued that the defendant owed the plaintiff a duty under the attractive nuisance doctrine. 8 The Superior Court granted summary judgment for the defendant because it determined that plaintiffs had failed to show that the defendant knew or had reason to know that ...
 
 
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