Burton v. StateAnnotate this Case
Plaintiff was seventeen years old when he and his friends entered certain property reputed to be haunted. As Plaintiff and his companies were attempting to exit the building, a bottle containing sulfuric acid broke and splashed some of its contents onto Plaintiff, severely burning Plaintiff. Plaintiff conceded that he was a trespasser but sued the State under the doctrine of attractive nuisance. After a jury-waived trial, the superior court entered judgment for the State. The Supreme Court affirmed, holding that the trial justice did not err in (1) finding that the attractive-nuisance doctrine did not apply under the circumstances of this case; and (2) not finding that the State shared some comparative fault for Plaintiff's injuries.