Question

Assume a jurisdiction has a law that all residential swimming pools must have a fence that is at least six feet tall surrounding the swimming pool. Cindy has a pool in her backyard, but she just had it built a few months ago and has not since had the extra money to build the fence. Unfortunately, one of the neighborhood children goes swimming in the pool and drowns. The parents of the child sue Cindy. Discuss how they would likely go about proving their case against Cindy and the elements that would be required to establish their case.

Answer 1

Answer:

They would prove their case through negligence tort

Explanation:

These parents can sue debbie using the negligence law. Based on this law, a person breached the act of care which they owe to other people around thereby exposing them to harm and danger.

To prove this case the parents can show these elements in court:

The duty of care which Debbie owed to the boy. Pools are required to be fences to up to 6 feet's. She should have done this and it would have prevented this accidental drowning.

The parents have to show the court how debbie breached this duty by not fencing.

The causation element of drowning has to be shown. Debbie's breach of care caused these parents the loss they have experienced.

Another element is damages. Plaintiff suffered loss because of defendants negligence.

The child drowned because debbie did not fence her pool as she should have done.