Question

Ethel was having a new pool installed in her back yard. At day’s end, the workers left their tools and supplies in the yard to be used the following day. There was no fence put up around the area. That night, Ethel’s neighbor’s daughter, Lucy, a girl of 8, decided to investigate all of the interesting things the workers had left in the yard. While looking around she fell into the big hole where the pool would go and she suffered severe injury. The next night, Fred, Ethel’s adult neighbor, and father of Lucy, also decided to investigate the work and he, too, fell into the hole, suffering severe injury. Lawsuits were brought by both Fred and Lucy against Ethel. Ethel said that they were both trespassers and she has not liability for their injuries. Who will win and why?

Business Law

Answer 1

General rule is that the possessor/owner of a pool or land is not liable for the injury or death caused to any trespasser caused by conditions on the land or pool or by articles picked by them from the pool, but an exception to this rule is that the owner of the pool shall be liable for the injury or death caused by conditions of the pool or articles picked up that are highly dangerous to tresspassing children.

In the given question, Lucy is a minor who fell into the big hole around Ethel's pool. The big hole is dangerous and there should have been some signs put up around that place to prevent childern from proceeding to that area. Hence, Ethel shall be liable for the injury caused to Lucy. However, Fred is an adult and he should have applied more diligence before proceeding to scrutinize someone else's pool. Hence, Ethel is not liable for injury caused to Fred.