{"id":5619,"date":"2015-05-06T22:21:58","date_gmt":"2015-05-07T05:21:58","guid":{"rendered":"https:\/\/stapletonion.com\/?p=5619"},"modified":"2015-05-06T22:21:58","modified_gmt":"2015-05-07T05:21:58","slug":"forest-city-doesnt-fully-appreciate-attractive-nuisance-doctrine","status":"publish","type":"post","link":"https:\/\/stapletonion.com\/?p=5619","title":{"rendered":"Forest City Doesn\u2019t Fully Appreciate \u201cAttractive Nuisance\u201d Doctrine"},"content":{"rendered":"

\t\t\t\t\"fountain\"<\/a>For years now, the West Crescent Flats water fountain \u201cart\u201d piece in the 29th St. Town Center has served as a play area for kids on hot summer days. Kids run around the moat of water and climb the water mountain. The problem with this is that the structure isn\u2019t meant for climbing. \u201cWe never thought having an unprotected, easy to access fountain in the middle of a crowded area would end up being a place for people to walk on,\u201d said Forest City Spokesperson Janelle Ayers. \u201cI don\u2019t think anyone would have thought that, right? So, we put a sign up, which we had hoped would discourage kids from playing in the fountain area.\u201d\n\nLocal tort lawyer Tracy Hartland says the sign probably isn\u2019t enough. \u201cThe problem with the fountain area is that at some point, a kid is going to get hurt,\u201d says Hartland. \u201cThey could slip, get pushed by another kid, or any number of things. And these injuries could result in actual and punitive damages, which Forest City may be liable for.\u201d Forest City feels the sign should be enough to exempt themselves from any lawsuits. \u201cWe are very specific in letting people know they should not play on the fountain, so I think we are pretty much covered,\u201d says Ayers. Unfortunately for Forest City, Hartland says that simply is not the case. \u201cNot everyone reads English, or in the case of young kids, or Aurorans, reads at all,\u201d says Hartland. \u201cSo, a somewhat hidden sign with no obvious warning markings has left Forest City open to potential lawsuits.\nWhether or not Forest City could be liable for damages will not affect Forest City\u2019s building of more art projects around Stapleton, according to Ayers. \u201cWe have lots of ideas for future art projects around the neighborhood,\u201d says Ayers. \u201cThe possibility of a lawsuit is not going to deter us.\u201d Ayers says that some of the proposals they are considering for projects around Stapleton include trampoline art, construction equipment art, abandoned automobile art, and skateboard ramp art. \u201cWe have lots of great artists with great ideas. We just don\u2019t know what to pick and where we should put them.\u201d No matter where Forest City puts them, they will make sure to include a sign.\n]]>\t\t<\/p>\n","protected":false},"excerpt":{"rendered":"

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