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Torts Keyed to Underwood
Bennett v. Stanley
Citation:748 N.E.2d 41 (Ohio 2001)
The plaintiff discovered his wife and son unconscious in the swimming pool of the defendants, his neighbors. Both were pronounced dead. The neighbors had bought their house with the swimming pool. However, after buying the home the defendants drained the water from the pool and removed the fence and brick wall surrounding the pool. Over time, rainwater accumulated in the pool to a depth of over six feet. The pool became pond-like, containing tadpoles and frogs. The defendants were aware that the plaintiff had young children and had seen the children playing outside. The sheriff’s department concluded that the son had gone to the pool to look at the frogs and somehow fell into the pool. His mother apparently drowned trying to save him.
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