Bennett v. Stanley

[This opinion has been published in Ohio Official Reports at 92 Ohio St.3d 35.] BENNETT, ADMR., APPELLANT, v. STANLEY ET AL., APPELLEES. [Cite as Bennett v. Stanley,

2001-Ohio-128.] Torts—Negligence—Attractive nuisance—Unused residential swimming pool— Level of duty property owner owes to a child trespasser—Possessor of land subject to liability for physical harm to children trespassing thereon caused by an artificial condition upon the land, when—Adult who attempts to rescue a child from an attractive nuisance assumes the status of the child and is owed a duty of ordinary care by the property…