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 failed to lock the gate that would prevent the child from entering the pool area.

Question

Quizplus · Accepted Answer

Sam had a duty to ensure that his pool, whether full or empty, was secured against unauthorized or unsupervised access, especially by children who might not understand the risks. Leaving the gate unlocked breached this duty, making him potentially liable for the injuries sustained by the child.

Sam Had a Swimming Pool in the Rear Yard of His