Reynolds v. Willson

The Willsons (defendants) maintained a swimming pool in their yard. A wall around the property had an opening for a gate. Children playing on the street could see the pool through the opening. Installing a gate would have cost $25 at most. In December, the Willsons left the pool partially filled to keep their children from hurting themselves on the concrete. Dirt, leaves, and algae made the bottom slippery. Two-year-old Keith Reynolds (plaintiff) lived nearby and had been taken to the Willsons’ pool. Keith once approached the pool alone, and Mrs. Willson sent him home. One afternoon, Keith entered the Willsons’ yard through the opening and was found facedown in the pool. The slippery bottom made it difficult to carry Keith out. Keith suffered a brain injury and sued, alleging the Willsons were liable under Restatement of Torts § 339, which made a landowner liable for harm to trespassing children caused by a structure or artificial condition if the landowner knew or should have known children were likely to trespass; the landowner realized or should have realized the condition involved an unreasonable risk of harm to children; because of their youth, children did not discover the condition or recognize its risks; and the burden of eliminating the condition was slight compared to the risk to children. Keith alleged alternatively that the pool’s condition constituted a dangerous trap. The jury found for Keith. The Willsons appealed the denial of their motion for judgment notwithstanding the verdict.