Question
Albert lives in a residential development, The Willows, which consists of 130 detached family homes. He does not have any children, but his friend and
Albert lives in a residential development, The Willows, which consists of 130 detached family homes. He does not have any children, but his friend and neighbour Ella has two children, Rachel (7 years old) and Johnny (13 years old). There are many other children of various ages living in The Willows.
The Willows is named for the many willow trees on the development. A stream also runs along the back of many properties, including Albert's house. Behind the stream is an undeveloped forest. Albert spent a lot of time in his back garden and had built a gazebo, raised flower beds, and was in the process of digging out a large part of the garden for a natural swimming pool. He had swings hanging from some of the willow trees for when his nieces and nephews would visit.
Johnny and Rachel had previously been to Albert's home with their mother and had played on the swings. They knew he was digging out the pool with some expensive tools, and Albert had warned them to stay away from the pool area. Johnny met up with friend Erik (also 13 years old), who also lived in The Willows. They wanted to build their own fort but did not have any tools, and did not have permission from their parents. Johnny and Erik were talking about the pool, and Erik said, 'I dare you to sneak into the pool and grab some tools!' They decided to wait until it was dark and then sneak onto Albert's property.
Albert's house was fenced at the front but, like all homes on his street, could not be fenced at the back due to the stream. Erik waited in the forest behind Albert's house whilst Johnny crossed the stream towards the pool. The boys did not realise that Rachel had been curious and followed them. As she tried to cross the stream, she slipped on a mossy rock, fell into the stream, and broke her arm.
Johnny heard Rachel cry out and dropped the heavy piece of equipment he was holding the pool on his foot, tripped over it, and fell. He had cuts and scrapes on his arms and broke his ankle. His iPhone fell out of his pocket and was crushed. Erik ran off as Albert came out to find the children. He called their mother to take them to the hospital.
Ella felt terrible about her kids causing trouble and wanted them to apologise. Albert invited them all over for tea. He did not think to mention how fragile the broken door of his glass display cabinet of porcelain animals was as he had no children. When he left the living room to get tea, Rachel went over to look at the animals, but when she opened the door, the pane fell out, slicing through her designer cardigan and slicing her arm.
Advise on any available tortious claims. Answer using IPAC and Caselaw.
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