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Ethel was having a new pool installed in her back yard. At days end, the workers left their tools and supplies in the yard to
Ethel was having a new pool installed in her back yard. At days end, the workers left their tools and supplies in the yard to be used the following day. There was no fence put up around the area. That night, Ethels neighbors daughter, Lucy, a girl of 8, decided to investigate all of the interesting things the workers had left in the yard. While looking around she fell into the big hole where the pool would go and she suffered severe injury. The next night, Fred, Ethels adult neighbor, and father of Lucy, also decided to investigate the work and he, too, fell into the hole, suffering severe injury. Lawsuits were brought by both Fred and Lucy against Ethel. Ethel said that they were both trespassers and she has not liability for their injuries. Who will win and why?
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