Legal duscuss unit4 - Essay Example

Legal Discuss Unit 4 Ochampaugh v Seattle: The New facts would not change the courts decision Precedent means a rule established in a legal case which other judicial body may apply in making a decision in a subsequent case with similar facts or issues (Rombauer 1978, p.22). In the case of Ochampaugh, the appeal is a suit seeking damages for a wrongful death of two sons who drowned in a pond. The claim got dismissed and on appeal the appeal got dismissed. The court observed that: attractive nuisance cannot be applied since the pond is natural, and not dangerous in itself without disturbance.

An attractive property has to have hidden danger and parents should take care of children and not the property’s owner. Further, the recreational benefit prevails over the danger of the pond, and to remove the risk is a heavy burden on the land owner. Therefore, the courts finding on doctrine of attractive nuisance wound not change given the following fact that the pond is 300m rather than 100m, and the increases of the depth of the pond from 6ft to 25ft means a heavy burden to the propertys owner to refill the pond.

The clearness of the water makes the visibility of any danger more visible than in muddy water. Similarly, the walkway make the pond a more recreation centre, and the age of the children being 3 $4 years does not constitute a change in facts, because the parents should take care of the children rather than the property owner. The decision of the court should not change. The case of appeal has to succeed because there are no facts of this case distinguishing if from the precedent case of McDermott v.

Kaczmarek, 2 Wn. App. 643, 469 p.2d 191 (1970). This case set the rules as the condition having the probability of causing harm, the pond in Ochampaugh case is likely to cause harm as the appellant had told the children never to go there alone. The pond is attractive to children, unguarded, and accessible, therefore, the plaintiff should be held liable for attractive doctrine seeks to protect children. Work citedMarjorie Rombauer. Solving Legal Problem: Research and Writing. West Publishing Company U.S.A, 1978 p.22-23.