IRAC Scenario

Twenty years ago Jack and his wife Wanda bought and currently reside in” rel=”nofollow”>in a house located in” rel=”nofollow”>in Walnut, CA. The house has a very nice swimmin” rel=”nofollow”>ing pool with a slide and has a view of downtown Los Angeles. Mike and Carol Brady live next to Jack and Wanda and have six children that range from the ages of 9 to 17. Jack and Wanda know that Jan Brady (11 years old) and Cin” rel=”nofollow”>indy Brady (9 years old) love to ride skateboards and would often see the girls in” rel=”nofollow”>in front of the house skatin” rel=”nofollow”>ing on the sidewalk. In 2007, Jack lost his job and he and Wanda had to really cut back on their expenses, so they decided to drain” rel=”nofollow”>in all the water from their swimmin” rel=”nofollow”>ing pool.About a week ago, Jack came home after a long day of job searchin” rel=”nofollow”>ing, and noticed several skateboard tracks in” rel=”nofollow”>in the pool, as well as a young girls jacket. He walked to the side of his house and noticed a hole in” rel=”nofollow”>in his fence large enough for a medium child to crawl through. He immediately called a repairman and got a $100 quote to fix the fence. Jack and Wanda decided that they would fix the fence in” rel=”nofollow”>in a couple of months.
A few days ago, Cin” rel=”nofollow”>indy Brady crawled through the fence and attempted to skate down the slide in” rel=”nofollow”>into the pool. Unfortunately, Cin” rel=”nofollow”>indy lost her balance and fractured her skull when she hit the concrete surface of the pool. Although she will be okay, Mike and Carol had to pay $5,000 for the medical treatment of Cin” rel=”nofollow”>indy and have filed a $15,000 lawsuit again” rel=”nofollow”>inst Jack and Wanda based on a legal theory called “Attractive Nuisance”.
Is Jack and Wanda liable for commit Attractive Nuisance?

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