Law, Business and Society 11th Edition by Tony McAdams

Exercise 34

Stopczynski, age 17, had used her neighbor's pool "hundreds of times." Stopczynski and her neighbor's nephew, a 34-year-old male, went to the pool. Stopczynski was noticed floating face down in the pool. She had broken her neck, apparently from diving into the four-foot deep, above-ground pool. She died a few hours later. The pool originally had stickers around the edge that said "no diving," but that edge had been replaced and the stickers were gone. Stopczynski's mother sued the property owner, Woodcox, for negligence. Decide the case. Explain. See Stopczynski v. Woodcox, 258 Mich. App. 226 (2003).