Arizona Supreme Califomia Appeals Court Massissippi Superior Court Case Court Ca
ID: 2395395 • Letter: A
Question
Arizona Supreme Califomia Appeals Court Massissippi Superior Court Case Court Case ase Neighbor (P) v. Home Neighbor (P) v. Home Owner (D) Neighbor (P) v. Home Owner (D) Owner (D) 1996 1999 2001 Facts: Neighbor's 5 year old Neighbor's 15 year old sonA 56 year old neighbor of home owner during a who was playing in who was playing in neighbor's backyard basketball in neighbor's unsupervised walkedbackyard walked into into unfenced yard of unfenced yard of Home homeowner's house. Home Owner and fell Owner to get ball that rolled 56 year old drowned and into Home owner's into pond and fell into Home the wife brought suit natural pond and died. owner's natural pond and slipped and fell into pond barbecue at the died is Home Owner liable Is Home Owner liable for Is Home Owner liable for for wrongful death due wrongful death due to to negligence? Issue: I wrongful death due to negligence? negligence? Conclusio Home owner is liable Home owner is not liable n/ Ruling You are a Judge in the Superior Court of Mississippi. There is no case law in Mississippi regarding the issues in this case-hence this legal matter is called a What will your decision be?
Explanation / Answer
In first case of 1996 home owner is liable as yard is unfenced and fell in pond, the responsibilty of maintaining proper security over the yard and pond is of owner, and the same is not maintained the owner is liable for punishment,
however in second case owner is nit liable as son is gone into pond for finding ball and died,
in third case of missisippi home owner is not liable as neighbour himself for barbeque use the pond of owner, and he fell into pond so died, there is not mistake of home owner in act of neighbour,
SO HOME OWNER IS NOT LIABLE.
AND SUCH LEGAL MATTER IS CALLED "PRECEDENT"
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