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

Elements of § 77 –

Shorthand:

Is John liable for the accident?

Does statute § 77 apply?

Comprehensive: Is John liable under statute § 77 as property owner for the child drowning in his swimming pool on a summer night, which he entered through an unlocked door of a fence surrounding John’s yard ?

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