Case Digest: Hidalgo Enterprises, Inc. v. Balandan, G.R. No. L-3422, June 13, 1952

Torts and Damages


Bengzon, J.:


Facts:

  • Hidalgo Enterprises, Inc. was the owner of an ice-plant factory in the City of San Pablo, Laguna.

  • The factory premises contained two open tanks filled with water, each nine feet deep, used for cooling its engine.

  • The factory compound was fenced, but the tanks themselves lacked fences or covers, with edges only a foot high above the ground.

  • The factory's entrance gate remained open, allowing easy access for motor vehicles and individuals purchasing ice.

  • There was no guard stationed at the entrance gate.

  • On April 16, 1948, around noon, Mario Balandan, an 8-year-old boy, entered the factory premises with other boys through the open gate.

  • Mario attempted to bathe in one of the tanks and subsequently drowned, with his death attributed to "asphyxia secondary to drowning."

  • Guillermo Balandan and his wife, Anselma Anila filed an action for damages for the death of their son Mario.


CFI-Laguna & CA: Held that the petitioner maintained an attractive nuisance and neglected to adopt the necessary precautions to avoid accidents to persons entering its premises.


Issue: Whether the body of water an attractive nuisance. NO


The doctrine of attractive nuisance, of American origin, is recognized in this Jurisdiction in Taylor vs. Manila Electric 16 Phil., 8.


The doctrine may be stated, in short, as follows: 


One who maintains on his premises dangerous instrumentalities or appliances of a character likely to attract children in play, and who fails to exercise ordinary care to prevent children from playing therewith or resorting thereto, is liable to a child of tender years who is injured thereby, even if the child is technically a trespasser in the premises. (See 65 C.J.S., p. 455.)


The principle reason for the doctrine is that the condition or appliance in question although its danger is apparent to those of age, is so enticing or alluring to children of tender years as to induce them to approach, get on or use it, and this attractiveness is an implied invitation to such children (65 C.J.S., p. 458).


Now, is a swimming pool or water tank an instrumentality or appliance likely to attract the little children in play? In other words is the body of water an attractive nuisance?


The great majority of American decisions say no.


The attractive nuisance doctrine generally is not applicable to bodies of water, artificial as well as natural, in the absence of some unusual condition or artificial feature other than the mere water and its location.


There are numerous cases in which the attractive nuisance doctrine has not been held not to be applicable to ponds or reservoirs, pools of water, streams, canals, dams, ditches, culverts, drains, cesspools or sewer pools, . . . (65 C.J.S., p. 476 et seg. citing decisions of California, Georgia, Idaho, Illinois, Kansas, Iowa, Louisiana, Miss., Missouri, Montana, Oklahoma, Pennsylvania, Tennessee, Texas, Nebraska, Wisconsin.)


In fairness to the Court of Appeals it should be stated that the above volume of Corpus Juris Secundum was published in 1950, whereas its decision was promulgated on September 30, 1949.


The reason why a swimming pool or pond or reservoir of water is not considered an attractive nuisance was lucidly explained by the Indiana Appellate Court as follows:


Nature has created streams, lakes and pools which attract children. Lurking in their waters is always the danger of drowning. Against this danger children are early instructed so that they are sufficiently presumed to know the danger; and if the owner of private property creates an artificial pool on his own property, merely duplicating the work of nature without adding any new danger, . . . (he) is not liable because of having created an "attractive nuisance."


Therefore, as petitioner's tanks are not classified as attractive nuisance, the question whether the petitioner had taken reasonable precautions becomes immaterial. And the other issue submitted by petitioner — that the parents of the boy were guilty of contributory negligence precluding recovery, because they left for Manila on that unlucky day leaving their son under the care of no responsible individual — needs no further discussion.


The appealed decision is reversed and the Hidalgo Enterprises, Inc. is absolved from liability. No costs.

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