BigMan v. State – Case Brief Summary (Montana)

In BigMan v. State, 192 MT 29, 626 P.2d 235 (1981), the Court stated that the elements were:

(1) an artificial condition maintained by the possessor of land in a place which the possessor knows or should know that children are likely to trespass;

(2) the condition involves an unreasonable risk of death or serious bodily harm;

(3) children because of their youth will be unable to discover the condition or realize the danger;

(4) the utility of maintaining the condition is slight compared to the risk it presents to young children;

(5) the possessor fails to exercise reasonable care to eliminate the danger or otherwise protect the children. (Big Man at page 38.)