Death of Lofton v. Green

LAVENDER, Justice.

William “Billy” Lofton was six years old when he drowned in his neighbor’s swimming pool. The neighbor’s were the Greens, they were sued by Billy’s mother to recover her damages by reason of his death. She argued the pool was an attractive nuisance and imposed on the Greens a duty of reasonable care although Billy was admittedly, trespassing.

We have never held a private residential swimming pool to be an attractive nuisance although we have held an ornamental “fish pond” constructed on residential property in a heavily populated urban setting was not one, Dennis v. Spillers,…