IDALGO ENTERPRISES, INC. vs. BALANDAN, et al.

Re: Attractive Nuisance Doctrine

Attractive nuisance doctrine generally is not applicable
to bodies of water, artificial (e.g. water tanks) as well as
natural, in the absence of some unusual condition or
artificial feature other than the mere water and its
location.

FACTS:
Guillermo Balandan and his wife is claiming damages in
the sum of P2,000 for the death of their son, Mario.
Petitioner was the owner of an Ice plant, who had in
their premises 2 tanks filled of water, 9 feet deep. The
factory was fenced but Ingress and egress was easily
made because the gates were always open and there
was no guard assigned in the said gate. Also the tanks
didn’t have any barricade or fence. One day when Mario
was playing with his friend, they saw the tank inside the
factory and began playing and swimming inside it. While
bathing, Mario sank to the bottom of the tank, only to be
fished out later, already as a cadaver, having died of
‘asphyxia secondary to drowning.’ The lower decided in
the favor of the parents saying that the petitioner is
liable for damages due to the doctrine of attractive
nuisance.

ISSUE: Whether or not the doctrine of attractive

nuisance is applicable in this case?

RULING:
NO. The doctrine of attractive nuisance states that “One
who maintains on his premises dangerous
instrumentalities or appliances of a character likely to
attract children in play, and who fails to exercise
ordinary care to prevent children from playing therewith
or resorting thereto, is liable to a child of tender years
who is injured thereby, even if the child is technically a
trespasser in the premises. American Jurisprudence
shows us that the attractive nuisance doctrine generally
is not applicable to bodies of water, artificial as well as
natural, in the absence of some unusual condition or
artificial feature other than the mere water and its
location. In the case bar, the tanks themselves cannot
fall under such doctrine thus the petitioners cannot be
held liable for Mario’s death.

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