UJI 13-1312 NMRA
UJI 13-1312. Trespassing children (attractive nuisance).
An [owner] [occupant] has a duty to prevent injury to a trespassing child resulting
from __________________ (describe structure or artificial condition) artificial condition
of the land if:
(1) The place where the condition is maintained is one upon which the [owner]
[occupant] knows or has reason to know that children are likely to trespass;
(2) The condition is one which involves an unreasonable risk of injury to trespassing
children and the [owner] [occupant] knows or has reason to know of such risk; and
(3) The child because of the child’s youth does not discover the condition or realize
the risk involved by intermeddling with it or coming into the area made dangerous by it.
In such a case, the [owner] [occupant] has a duty to exercise ordinary care,
considering the youth of the child, to prevent injury to the child.