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Smith Had a Swimming Pool in the Rear Yard of His

Question 87

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Smith had a swimming pool in the rear yard of his suburban home.The pool was enclosed on all sides by a four-foot-high wire fence,and entry to the pool area was by a gate that Smith occasionally locked.One day Smith 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 near door to Smith entered the pool area by climbing over the fence,and was injured when he fell into the empty pool.
-Smith has no liability for any injury to the child because the child was a trespasser.

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