Target Attractive Nuisance Lawsuit

Target won another lawsuit over its big red balls. I’m Amy E. Feldman.

Any shopper who’s been to a Target store has seen the thirty-inch, round, red, concrete balls it uses to keep traffic off the curb. Any child who has ever seen those balls knows they’re perfect for climbing—but is an injury caused by falling off one Target’s fault? Well, the father of a girl who broke her arm when she fell off sued Target, arguing the balls are an attractive nuisance—a legal doctrine that says a landowner can be held liable if he knows a dangerous condition on his property is so appealing that kids are likely to trespass and hurt themselves. 

Other cases in which people have broken their toes kicking the balls, and one in which a five year old who was playing on it for 20 minutes before falling off have also led to claims—but so far, Target has won all of those cases because the balls aren’t dangerous, improperly installed, or designed defectively. Instead, it’s the kids who need to be installed right where parents can see them.

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