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MAINE JUDICIAL BRANCH Page 1 of 3 Www Courts Maine Gov FM  Form

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typically landowners must refrain from intentionally or recklessly injuring trespassers but they don't owe a duty of care to protect trespassers from injury however the law treats child trespassers differently and imposes a special duty of care under the attractive nuisance Doctrine the case of Merrell vs Central Maine Power Company explains the scope and limitations of this Doctrine when Douglas Merrill was nine years old he trespassed on to Central Maine Power company's land to fish in a river he caught an eel and wanted to cook it so he climbed to the top of a fence surrounding an electrical substation he then leaned over the fence and placed the eel on a live electrical wire sustaining severe burns as a result when Merrill became an adult he sued Central for negligence under the attractive nuisance Doctrine during depositions Merrell testified that at the time of the accident he knew the fence was meant to keep people out he knew electricity could cause Burns he pur

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