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.
The child's parents would be entirely at fault for allowing the child to enter on Sam's property without supervision.

Question

Quizplus · Accepted Answer

While the child's parents should have supervised the child and prevented them from entering Sam's property, Sam also had a duty of care to ensure that his pool area was safe and secure. By leaving the gate unlocked, he failed in that duty and may share some of the responsibility for the child's injury.

Sam Had a Swimming Pool in the Rear Yard of His