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 small four-year-old child who lived in the next house to Sam entered the pool area by climbing over the fence,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 is not liable simply because he did not warn his neighbors about the pool being drained. Liability would depend on whether Sam took reasonable precautions to prevent access to the pool area, such as maintaining a locked gate, and whether the child was trespassing. The child climbing over the fence may indicate trespassing, which could limit Sam's liability.

Sam Had a Swimming Pool in the Rear Yard of His