Crucial Exams

Multistate Bar Examination Practice Question

A man owns a large fenced-in yard with a pool inside. There is a visible 'No Trespassing' sign posted on the gate. One day, a neighbor’s child enters the yard without permission to retrieve a ball and falls into the pool, resulting in injuries. The man was home at the time but did not witness the incident. Under a negligence framework, which of the following factors is most critical in determining the man’s duty of care to the child?

  • Whether the 'No Trespassing' sign absolved the property owner of responsibility for injuries to trespassers.

  • Whether the property owner was aware the child was trespassing at the time of the incident.

  • Whether the pool was an attractive nuisance that required additional precautions against child trespassers.

  • Whether the child’s parents were negligent in failing to supervise the child adequately.

Multistate Bar Examination
Torts
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