Provide a shorthand and a comprehensive phrasing of the legal issue or issues in

Question

Provide a shorthand and a comprehensive phrasing of the legal issue or issues in each of the following situations.

(c) Facts: Jones has a swimming pool in his backyard. The pool is intended for use by the Jones family members and guests who are present when an adult is there to supervise. One hot summer night, a neighbor’s child opens an unlocked door of a fence that surrounds the Jones’s yard and goes into the pool. (There is no separate fence around the pool.) The child knows that he should not be there without an adult. No one else is at the pool. The child drowns. Statute: § 77. Property owners are liable for the foreseeable harm that occurs on their property.

Explanation / Answer

As per my understanding of the law related to negligence, Jones have not taken proper actions with respect to his property. In particularly, keeping in view the climate of hot summer and likely possibilities of children getting an easy access to his swimming pool in his backyard. No doubt child was not supposed to enter the Jone's premises and strictly not into the pool and that too in the absence of an adult. Never the less the action and or inaction on the part of others (including child) can not absolve the Jone's responsibility towards having a swimming pool in his backyards without proper safeguards. A property owner's duty of care is clear and paramount.

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