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Mozier v. Parsons
Kansas Supreme Court
887 P.2d 692 (1995)
The Mozier family (plaintiffs) was visiting the home of their friends, Charles and Brenda Parsons (defendants). The Parsonses had just put in a swimming pool in their backyard, and the two families had swum together in the afternoon and then went into the house for dinner. The Moziers had a daughter, Emily, who was three-and-a-half years old. After dinner, Emily returned to the swimming pool by herself and drowned. The Parsonses’ swimming pool was not fenced, nor did the Parsons install any other safety devices to prevent an unsupervised child from reaching the pool, such as door locks or alarms. The Moziers sued the Parsons, claiming the Parsons were negligent and the swimming pool was an attractive nuisance. The Parsons moved for summary judgment, arguing that the attractive-nuisance doctrine did not apply to swimming pools or to children who were licensees. The trial court denied the Parsonses’ motion for summary judgment. The Parsonses appealed.
Rule of Law
Holding and Reasoning (Holmes, C.J.)
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