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Sam Had a Swimming Pool in the Rear Yard of His

Question 44

True/False

Sam had a swimming pool in the rear yard of his suburban home. The pool was enclosed on all sides by a 1.2-metre high wire fence, and entry to the pool area was by a gate, which Sam occasionally locked. One day, Sam drained the pool in order to have some repair work done, and accidentally left the gate closed but unlocked. A four-year-old child who lived in the next house to Sam entered the pool area by opening the gate, and was injured when he fell into the empty pool.
Sam is liable for the injury to the child, because he had not warned his neighbours that the pool had been drained of water.

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