Michigan law still recognizes that young children may not understand, as an adult would, the hazard involved in certain property conditions.
Under Michigan law, an owner/possessor may still be liable for damages caused by artificial conditions, where all of the following conditions are present:
- the owner knows, or has reason to know that kids are likely to trespass in the area where the condition exists;
- the owner knows, or has reason to know that the condition poses an unreasonable risk of harm;
- the children do not discover the risks involved, due to their youth;
- the utility of maintaining the condition, which causes the injury, and the burden of correcting the issue, are slight compared to the risk involved; AND
- the owner fails to use reasonable care to eliminate the dangers.