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Torts keyed to Robertson
Bennett v Stanley
Facts
The plaintiff was a five-year-old boy who was the neighbor of the defendant and ventured into the defendant’s yard. The defendant owned a swimming pool, which he had neglected over time, so much so that the pool featured characteristics of a pond, with various wildlife living in it, including frogs. There were no warning signs near the pool and no fence surrounding it. The two parties’ property was separated by a fence that contained an 8-foot gap and the plaintiff argued that the defendant knew that children frequently played outside with supervision. They further argued that the pool created an unreasonable risk for these children after the plaintiff ventured into the yard, fell into the while looking for frogs, and drowned. The trial court held that the only duty the defendant owed to trespassers was to refrain from wanton and willful misconduct.
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