Asked by Franchezka Mendoza on Jul 29, 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.
The child's parents would be entirely at fault for allowing the child to enter on Sam's property without supervision.
Wire Fence
A wire fence is a boundary or barrier made from interconnected strands of wire, often used for security or to contain livestock.
Supervision
The act of overseeing or directing work, people, or activities to ensure that certain standards or goals are met.
Unlocked
Not secured or fastened; often refers to items, devices, or systems that can be accessed without a key or code.
- Analyze the doctrine of premises liability and the legal responsibilities owners of property have towards invitees and trespassers.
- Examine the influence of contributory negligence and the actions of the plaintiff within the context of tort law cases.
Verified Answer
ZK
Zybrea KnightAug 03, 2024
Final Answer :
False
Explanation :
Sam may be considered negligent for not securing the pool area properly, especially knowing that an empty pool could present a danger. Property owners have a duty to ensure their premises are safe to prevent foreseeable harm, especially to children who might not recognize the danger.
Learning Objectives
- Analyze the doctrine of premises liability and the legal responsibilities owners of property have towards invitees and trespassers.
- Examine the influence of contributory negligence and the actions of the plaintiff within the context of tort law cases.