This case presents two issues of first impression. We hold that under some circumstances a minor’s invitation to enter the premises may bind the landowner for purposes of premises liability, and that a trampoline may constitute an attractive nuisance. In this case both issues turn on facts not appropriately resolved on summary judgment.
Conclusion (slip op. at 8): The trial court’s grant of summary judgment is reversed. This case is remanded to the trial court for further proceedings consistent with this opinion.
Key Analysis (slip op. at 5, 7, 8): [T]he reasonableness of twelve-year-old Alisha’s belief that she had permission to jump on the Barger’s trampoline by virtue of six-year-old Bryan’s invitation . . . presents a genuine issue of material fact that precludes a determination of her status as a matter of law . . . the Bargers have not established a lack of disputed material facts with regard to the open and obvious nature to Alisha of the dangers of trampolines . . . by leaving Bryan alone in the yard, the Bargers increased the risk of unauthorized use of the trampoline by another child . . . the Bargers have failed to establish a lack of disputed material facts as to the foreseeability of Alisha’s injury.
Shepard, C.J., and Dickson, Sullivan, and Rucker, JJ., concur.
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