Is beer an attractive nuisance for a 19-year-old trying to (literally) climb into the Mad River Bar and Grille in Manayunk?
An unidentified underage man was denied entry at the Mad River Bar Thursday night, and so he did the only logical thing a 19-year-old wanting beer would do, he tried to scale a 20-foot wall at the back of the bar to gain entry into the establishment. Unfortunately, the man fell 15 feet and injured himself.
It was originally reported that the man was a patron at the bar who fell off the deck at the back of the bar into the Schuylkill River, reports The Philadelphia Inquirer, but it was later revealed that the man was a trespasser. The man injured his chest and ankle after the fall, but the injuries are not considered life threatening.
As the teen was dumb enough to try to scale a wall to get a drink, the teen may also be dumb enough to try to sue Mad River Bar and Grille for his injuries.
In limited cases, an injured person may sue an establishment for injuries despite trespass if there is an attractive nuisance on the property. This legal theory is usually reserved for children injured on the property of others, but it has been applied in other cases as well. Generally, someone making a claim for attractive nuisance would argue that there is something so attractive on a property, that any reasonable person would have been compelled to gain access to the property. And the property owner should be held liable for having such an attractive pull on the property.
In the Mad River Bar and Grille case, the teen may try to argue that the pull of beer was such an attractive nuisance that the bar should be responsible for his injuries. That argument would be almost as dumb as attempting to climb 20 feet to sneak into a bar.
Related Resources:
- Find a Philadelphia Personal Injury Attorney (FindLaw)
- Man injured in fall from deck in Manayunk (Montgomery Media)
- Venue Sports Bar Liable for Bar Shooting? (FindLaw's Philadelphia Personal Injury Law Blog)
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