Legal Writing Interoffice Memorandum

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INTEROFFICE MEMORANDUM

|TO: |Morgan Burkhart, Senior Partner |
|FROM: |Heidi Selman, Paralegal Student |
|DATE: |May 8, 2013 |
|CASE: |Tom and Betty Thomas v. Homeowner (Name Unknown at This Time) |
|OFFICE FILE: |90-114
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There is no dispute that David was not invited to swim in the homeowners pool. David had previously received oral notice from the homeowner to stay off his property. I do believe that the Thomas’s can argue the attractive nuisance doctrine.

CIVIL PRACTICE AND REMEDIES CODE Sec. 75.007 TRESPASSERS

§ 75.007. TRESPASSERS. (a) In this section, "trespasser" means a person who enters the land of another without any legal right, express or implied.
(b) An owner, lessee, or occupant of land does not owe a duty of care to a trespasser on the land and is not liable for any injury to a trespasser on the land, except that an owner, lessee, or occupant owes a duty to refrain from injuring a trespasser wilfully, wantonly, or through gross negligence.
(c) Notwithstanding Subsection (b), an owner, lessee, or occupant of land may be liable for injury to a child caused by a highly dangerous artificial condition on the land if: (1) the place where the artificial condition exists is one upon which the owner, lessee, or occupant knew or reasonably should have known that children were likely to trespass; (2) the artificial condition is one that the owner, lessee, or occupant knew or reasonably should have known existed, and that

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