Natalie Ann Schultz, a Minor, by Diana Schultz, Her Mother v. Rick and Ellen Eslick

GOODWIN, Circuit Judge:

The mother of a three-year-old child as guardian ad litem sued their landlords for damages resulting from the child’s fall into an unfenced swimming pool on leased premises. The child suffered permanent brain damage. The district court granted summary judgment for defendants, apparently on the theory that an Arizona landlord who rents residential property to a family with small children is under no duty to make the property safe for such children.

On appeal, the parent argues that a jury should decide whether the landlords satisfied their duty to provide reasonably safe…