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 failed to erect a fence that would prevent the child from entering the pool area.

Question

Quizplus · Accepted Answer

Sam is liable for the injury to the child because he failed to take reasonable steps to prevent the child from entering the pool area. The fence was not high enough to prevent the child from climbing over it, and the gate was left unlocked. Sam should have taken steps to ensure that the pool area was not accessible to children, such as installing a higher fence or locking the gate.

Sam Had a Swimming Pool in the Rear Yard of His