Kopczynski Ex Rel. Palmer v. Bargers
2008 WL 2267007, 887 N.E.2d 928, 2008 Ind. LEXIS 451 (2008)
Premium Feature
Subscribe to Lexplug to listen to the Case Podcast.
Rule of Law:
The reasonableness of a child's belief that they have permission to enter a property based on another child's invitation is a question of fact that can determine their legal status as an invitee. Additionally, an unsupervised trampoline may constitute an attractive nuisance if its specific dangers, such as those posed by multiple jumpers, are not open and obvious to a child.
Facts:
- The Bargers owned a trampoline located in an unenclosed area behind their house.
- The Bargers' six-year-old son, Bryan, often jumped on the trampoline without supervision.
- On January 30, 2002, Bryan invited his neighbors, nine-year-old Dylan Palmer and twelve-year-old Alisha Palmer, to jump on the trampoline.
- This was the first time the Palmer children had been invited onto the Bargers' property, and Alisha had never been on a trampoline before.
- While Alisha was jumping with other children, another jumper's landing altered the trampoline's surface tension.
- This change caused Alisha to land awkwardly and injure her knee.
- The Bargers had previously told a different group of children, which did not include Alisha, to get off the trampoline when they used it without permission.
Procedural Posture:
- Alisha Palmer and her mother filed a complaint for damages against the Bargers in an Indiana trial court.
- The Bargers moved for summary judgment, arguing Alisha was a trespasser and the attractive nuisance doctrine did not apply.
- The trial court granted summary judgment in favor of the Bargers.
- The plaintiffs (Kopczynski, as appellant) appealed to the Indiana Court of Appeals.
- A majority of the Court of Appeals affirmed the trial court's grant of summary judgment, with Judge Crone dissenting.
- The plaintiffs petitioned the Supreme Court of Indiana for transfer, which the court granted.
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Does a child's invitation to another child to use a trampoline create a genuine issue of material fact regarding the guest's legal status as an invitee and whether the trampoline constitutes an attractive nuisance, thereby precluding summary judgment for the landowner?
Opinions:
Majority - Boehm, Justice
Yes. A genuine issue of material fact exists, precluding summary judgment, as to both the injured child's legal status on the property and whether the trampoline constitutes an attractive nuisance. Regarding premises liability, a child's status as an invitee versus a trespasser depends on whether they were authorized to be on the property. This authorization can be based on an invitation from the landowner's child. The reasonableness of the visiting child's belief that the invitation was valid is a question of fact for a jury, considering the ages and maturity of the children involved and the landowner's conduct, such as leaving their child unsupervised with the trampoline. Regarding the attractive nuisance claim, even if the child were a trespasser, a trampoline may qualify. While some dangers of a trampoline are obvious, the specific risk posed by multiple jumpers changing the surface tension is a latent danger that a child, particularly one with no prior experience, may not appreciate. Therefore, summary judgment was inappropriate on both counts.
Analysis:
This decision modernizes premises liability law concerning children by rejecting a rigid rule that minors cannot extend valid invitations to property. It establishes a fact-sensitive inquiry based on the reasonableness of the visiting child's perception, grounded in agency principles. The ruling also significantly expands the attractive nuisance doctrine by classifying a common recreational item, a trampoline, as a potential attractive nuisance, focusing on latent dangers not obvious to children. This puts property owners on heightened notice regarding their duty to secure such items and supervise their children to prevent foreseeable injuries to other minors.
