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

Question

Quizplus · Accepted Answer

While it is true that the child's parents should have supervised him more closely, Smith also had a duty to ensure that his property was safe and secure. Leaving the gate unlocked created a hazardous condition that ultimately led to the child's injuries. Both parties could potentially be held partially responsible for the incident.

Smith Had a Swimming Pool in the Rear Yard of His