Kelley went ice skating on a neighbor’s pond, but she fell through a thin area into icy waters. Kelley did not have permission to be on the property, and the neighbor did not even know that she was there. Is the neighbor liable for Kelley’s injuries?

It may depend on Kelley's age

Explanation:

Trespassers on Property

In reference to trespassers, if the owner clearly knows there’s a likelihood that trespassers will encroach into the property, he or she may have a responsibility to give sound warning so as to prevent injury. This obligation applies only with respect to artificial circumstances that the owner has created or maintains, and is aware to likely cause severe injury or death.

Children on Property

A landowner's responsibility to caution or warn is different with respect to children who aren't allowed to be on the property. The property owner/possessor is obligated to give a warning if he or she is aware (or should know) that children will possibly be on the premises, and that an unsafe condition on the premises is likely to result to serious physical injury or death. This special responsibility to children is usually referred to as the "attractive nuisance" doctrine.

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