Barnhizer V. Paradise Valley Unified Sch Case Study

Barnhizer v. Paradise Valley Unified Sch. Dist.- A thirteen year old boy trespass onto the schools property climbing on a I-beam located on roof and fell to his death. The parents brought a wrongful death action against the school under the theory of attractive nuisance. The courts ruled in favor of the school because the attractive nuisance doctrine states "the children because of their youth do not discover the condition or realize the risk involved intermeddling with it or in coming within the area made dangerous by it". In the Barnhizer, case the boy was old enough to appreciate the effects gravity and the danger of falling off the roof. This case serves as the best authority for Ms. Herrera, showing that Maria Malone at the age of 12 years old could appreciate the risk of slipping on the slippery rocks on her property.
Citation - Barnhizer v. Paradise Valley Unified Sch. Dist., 123 Ariz. 253 (1979)
Church of Jesus Christ of Latter Day Saints v. Superior Court -
Best Authorities for the Malones
Carlson v. Tucson Racquet &
v. Fernandez - A three year old's body was found in a auger on Spur feeding company's property, when he and two other minors where roaming on the company's property. The father of the three year old filed a wrongful death lawsuit under the attractive nuisance doctrine. The courts held it was not necessary for a child to have been killed or maimed before there was a notice that children may have been attracted to the machinery because the unloading operation was near a public highway, unfenced and wholly unprotected from intrusion, and plainly visible at a distance so as to have been alluring to children traveling along the road. This case is best used to argue the Malones case that Ms. Herrera did not take reasonable care to protect trespassing children from harming themselves on her property which was near a public highway and there was no fence surrounding the condition where Maria Malone received her