Smith had a swimming pool in the rear yard of his suburban home.The pool was enclosed on all sides by a four-foot-high wire fence,and entry to the pool area was by a gate that Smith occasionally locked.One day Smith 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 near door to Smith entered the pool area by climbing over the fence,and was injured when he fell into the empty pool.
-Smith 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

While Smith may have had a duty to warn his neighbors if the pool had been drained of water and still presented a danger, the scenario presented does not mention any evidence that Smith was aware of the danger or that there was a custom or law requiring him to provide such a warning. Therefore, it is not clear that he breached any duty of care that could create liability for the child's injury.

Smith Had a Swimming Pool in the Rear Yard of His