HIDALGO ENTERPRISES V.

BALANDAN
91 PHIL 488
FACTS: Hidalgo Enterprises, an owner of an ice plant factory, kept on their premises 2 uncovered water tanks,
which were unguarded. On April 16, 1948, children entered the factory premises and swam in one of the water
tanks. Mario Balandan, a boy barely 8 years old, was drowned and sank in the tank. The lower court decided in
favor of the boys parents saying that Hidalgo Enterprises is liable for damages due to the doctrine of attractive
nuisance.
ISSUE: Whether the doctrine of attractive nuisance is applicable in this case?
HELD: A swimming pool or water tank isnt an attractive nuisance for while it is attractive, it cannot be a nuisance
being merely an imitation of a work of nature. Hence, if small children are drowned in an attractive water tank of
another, the owner is not liable even if there be no guards in the premises.