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.

Question

Quizplus · Accepted Answer

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.

Sam Had a Swimming Pool in the Rear Yard of His