Tom Landowner,lives next door to Chad Child. Tom has an old,unstable,playground and jungle gym set that has been on his property for years from his children that are now adults.Chad always wants to run over and play on the jungle gym but his mother Molly usually stops him from running over. One day while Molly wasn't looking,Chad was able to run next door to the jungle gym. As soon as Chad climbs to the top,the jungle gym collapses and Chad suffers from a broken arm and leg.

Is Tom liable for Chad's injury? What tort would apply and why?