Logourl black
From our private database of 14,000+ case briefs...

Bennett v. Stanley

Supreme Court of Ohio
748 N.E.2d 41 (2001)


Facts

Bennett (plaintiff) was a five-year-old boy who lived next to Stanley (defendant). Stanley owned a swimming pool that was in neglect and had become pond-like, containing frogs, snakes, and algae. The pool had no ladders, was not fenced in, and Stanley had not posted any signs around the pool. The property line between the Bennetts and the Stanleys was marked by a fence with an eight-foot gap in the middle. Stanley knew that children lived next door, and he had seen the children playing unsupervised outside. Looking for frogs in the pool, Bennett fell into the water and drowned. Bennett’s family brought a negligence claim against Stanley, claiming that Stanley’s pool created an unreasonable risk of danger to Bennett. The trial court granted summary judgment in favor of Stanley, holding that because Bennett was a trespasser, Stanley only had to “refrain from wanton and wilful misconduct.”

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Pfeifer, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 174,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.