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A swimming pool, public or private, does not belong in the same class with instrumentalities and places regarded as attractive nuisances.
A wrongful death and survival action was filed in federal court, seeking recovery for the injury and death suffered by a three-and-one-half-year-old child, who drowned in a swimming pool at a home while visiting with her parents.
In a negligence action involving injury to a child, can the attractive nuisance doctrine be used to establish liability when the injury occurred in a residential swimming pool?
The court held that a swimming pool, public or private, did not belong in the same class with instrumentalities and places regarded as attractive nuisances. While it did not rule out the remote possibility that there could be a highly unusual and aggravated factual situation that might support consideration of the attractive nuisance doctrine, the court held that, generally, swimming pools, whether public or private, did not constitute an attractive nuisance and were not subject to the attractive nuisance doctrine. On the facts submitted, the answer to the certified question was clearly "no."