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Merrill v. Central Maine Power Co. | 628 A.2d 1062 (1993)

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 Merrill versus Central Maine Power Company explains the scope and limitations of this doctrine.

When Douglas Merrill was nine years old, he trespassed onto 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, Merrill 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 purposely avoided touching the wire, and he knew his actions were a dumb idea. Based on that testimony, Central moved for summary judgment, arguing that it wasn’t liable because Merrill appreciated the risk.

The trial court agreed with Central and granted summary judgment in its favor. Merrill appealed to the Maine Supreme Judicial Court.

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