SAMSON v. O'HARA

No. 69-279.

239 So.2d 151 (1970)

Richard SAMSON, Father of Robert Norman Samson, His Deceased Minor Child, and Richard Samson, As Administrator of the Estate of Robert Norman Samson, His Deceased Minor Child, Appellant, v. William O'HARA and Rina O'Hara, Husband and Wife, Appellees.

District Court of Appeal of Florida, Second District.

September 11, 1970.


Attorney(s) appearing for the Case

Herb Blessing, of Lee, Blessing & Hockett, Sarasota, for appellant.

Warren McMullen, of Dart, Bell & Dickinson, Sarasota, for appellees.


MANN, Judge.

Appellant's eighteen-month-old son drowned in appellees' swimming pool. We think his third amended complaint makes out a cause of action based on what is commonly miscalled "attractive nuisance."

The complaint alleges that the appellees were not at home at the time, but had left open a door in the pool enclosure and had left a hose at the edge of the pool through which water was running. The sound of the water was audible outside the enclosure...

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