Asked by Brendan Lorenzana on Jul 27, 2024
Verified
Sam had a swimming pool in the rear yard of his suburban home. The pool was enclosed on all sides by a 1.2-metre high wire fence, and entry to the pool area was by a gate, which Sam occasionally locked. One day, Sam drained the pool in order to have some repair work done, and accidentally left the gate closed but unlocked. A four-year-old child who lived in the next house to Sam entered the pool area by opening the gate, and was injured when he fell into the empty pool.
Sam is liable for the injury to the child, because he had not warned his neighbours that the pool had been drained of water.
Wire Fence
A barrier made from wire, used to enclose or divide an area, typically for security or to keep livestock within a boundary.
Liable
Being legally responsible for something.
Drained Pool
A swimming pool whose water has been intentionally removed, often for maintenance or safety reasons.
- Examine premises liability and the responsibilities of property owners towards invitees and trespassers.
Verified Answer
ZK
Zybrea KnightAug 01, 2024
Final Answer :
False
Explanation :
Sam's liability would more directly relate to the failure to secure the pool area (by locking the gate) rather than specifically not warning the neighbors about the pool being drained. The primary issue is the attractiveness of the pool area to a child and the lack of adequate measures to prevent access.
Learning Objectives
- Examine premises liability and the responsibilities of property owners towards invitees and trespassers.