Question
Amanda and Chase Baxter, 3 years old and 5 years old respectively, climbed through a hole in the fence that separated their house from the
Amanda and Chase Baxter, 3 years old and 5 years old respectively, climbed through a hole in the fence that separated their house from the neighbors'.They were playing at their neighbor Franklins' pool.When the Franklins moved in 4 years ago, they decided not to take advantage of the pool.Over time, they allowed it to fill with rainwater to a depth of over 6 feet.They had removed a tarp from the pool and fencing from two sides of the pool and it did not have any ladders.It became pond-like and contained tadpoles and frogs. As well, the sides of the pool were slimy and covered with algae.Franklin also stated he once saw a snake swimming in the pool.Chase fell into the pool and his mother apparently drowned trying to save him.When Ronnie Baxter came home on the day of the drowning, he found his two young daughters alone and crying.Amanda told him that "Mommy and Chase are drowning in the water."Baxter ran next door to find his wife and son unconscious in the swimming pool.Both died.Baxter sued the Franklins for negligence, arguing that the Franklins had a duty to keep the pool safe.
Explain whether the Baxters will be successful in proving that the Franklins breached their duty toward the Baxters.
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