Civil Law, 2011 Bar — Question 45

MULTIPLE CHOICE

Virgilio owned a bare and simple swimming pool in his garden. MB, a 7-year old child, surreptitiously entered the garden and merrily romped around the ledges of the pool. He accidentally tripped, fell into the pool, and drowned. MB's parents sued Virgilio for damages arising from their child's death, premised on the principle of "attractive nuisance". Is Virgilio liable for the death of MB? A) No, the child was 7 years old and knew the dangers that the pool offered. B) Yes, being an attractive nuisance, Virgilio had the duty to prevent children from coming near it. C) No, since the pool was bare and had no enticing or alluring gadgets, floats, or devices in it that would attract a 7-year old child. D) Yes, since Virgilio did not cover the swimming pool while not in use to prevent children from falling into it.

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