To Be Fair, the Boat Was an Attractive Nuisance

Continuing shark week: Boat crew startled when mako jumps on board

People on a charter fishing boat off Long Island got a surprise when a shark jumped into their boat and became tangled in the vessel's guard rail.

The estimated 180-pound mako jumped onto the boat July 6, according to news reports.

In the now-viral video taken by those on the boat, someone can be heard saying "He jumped on the boat, oh my god!," as crew members decide how to handle the situation.

After becoming trapped, the shark's mouth becomes bloodied as it bites at the railing in an attempt to free itself.

It can't be seen in the video, but the shark was finally freed after the boat's captain tied a rope around its fin while another crew member kept the creature's head toward the ocean by hooking it with a fishing line.

Go to site for auto start video.

The attractive nuisance doctrine applies to the law of torts, in the United States. It states that a landowner may be held liable for injuries to children trespassing on the land if the injury is caused by an object on the land that is likely to attract children.

The doctrine is designed to protect children who are unable to appreciate the risk posed by the object, by imposing a liability on the landowner. The doctrine has been applied to hold landowners liable for injuries caused by abandoned cars, piles of lumber or sand, trampolines, and swimming pools. However, it can be applied to virtually anything on the property of the landowner.

There is no set cut off point that defines youth. The courts will evaluate each "child" on case by case basis to see if the "child" qualifies as a youth.

If it is determined that the child was able to understand and appreciate the hazard, the doctrine of attractive nuisance will not likely apply.

A 180 lb Mako Shark is by no means grown up, and clearly doesn't have the capacity to understand and appreciate the hazard.