With this activity, you will have an opportunity to apply your knowledge of research and secondary sources to a hypothetical real-life situation. Review the scenario below (This can also be found on pages 410-411 in your textbook) Swimming Pool - Attractive Nuisance Scenario: John and Mary Cooke own a home in Anytown, Your State, with a private swimming pool in their backyard. Pursuant to local ordinances, their backyard is completely fenced by a five-foot wooden fence and the gate is kept closed with a latch at the top of the fence. The Cookes live next door to the Andersons, a family with a two-year-old son, Joseph. Joseph loved water, and the Andersons had joined the Cookes swimming in the Cookes’ pool on numerous occasions. Although not yet “swimming” on his own, Joseph greatly enjoyed splashing in the pool and looked forward to playing with the Cookes’ dog, Rover. From the moment Joseph woke up in the morning until he went to bed at night, his favorite topics were “pool” and “dog.” Rover spent most of his days in the pool enclosure, relaxing on the pool deck or swimming. Joseph would become extremely excited anytime he heard Rover bark from next door. One Saturday morning Joseph was playing on the screened-in porch of his home. He seemed quite content playing with his toys while his parents completed some odd jobs around the house. Once, when his mother checked on him, he was gazing toward the Cookes’ house and listening for Rover’s bark. His mother told Joseph that they could go swimming and visit Rover later in the day. The parents lost track of time, each assuming that the other had been checking on Joseph. All of a sudden, the Andersons realized that neither one of them had checked on Joseph for a while. When they went to the screened-in porch Joseph was nowhere to be found and the outside screen door was slightly ajar. They called to Joseph, but he didn’t answer, even though he was usually very good about coming when called. The Andersons immediately started looking outside for Joseph. He was not in the Andersons’ yard. At that moment, they noticed that the gate to the Cookes’ pool fence was wide open. Fearing the worst, they rushed through the gate calling for Joseph. Initially nothing appeared out of the ordinary except that Rover was dashing around the outside of the pool and barking as if to attract someone’s attention. Then they noticed the pool blanket was slightly pulled back from the side of the pool at the deep end. The Cookes always kept the pool covered with a pool blanket when the pool was not in use. The blanket kept the water from losing heat during the night and kept debris from falling into the water. The pool blanket was constructed of two layers of blue plastic material with small air pockets between the layers. The blanket, floating on the surface of the water, covered the entire pool surface except for a small area left open so Rover could swim. When the Cookes heard the Andersons yelling, they rushed out to the .

1. With this activity, you will have an opportunity to apply your
knowledge of research and secondary sources to a hypothetical
real-life situation.
Review the scenario below (This can also be found on pages
410-411 in your textbook)
Swimming Pool - Attractive Nuisance Scenario:
John and Mary Cooke own a home in Anytown, Your State, with
a private swimming pool in their backyard. Pursuant to local
ordinances, their backyard is completely fenced by a five-foot
wooden fence and the gate is kept closed with a latch at the top
of the fence.
The Cookes live next door to the Andersons, a family with a
two-year-old son, Joseph. Joseph loved water, and the
Andersons had joined the Cookes swimming in the Cookes’ pool
on numerous occasions. Although not yet “swimming” on his
own, Joseph greatly enjoyed splashing in the pool and looked
forward to playing with the Cookes’ dog, Rover. From the
moment Joseph woke up in the morning until he went to bed at
night, his favorite topics were “pool” and “dog.” Rover spent
most of his days in the pool enclosure, relaxing on the pool
deck or swimming. Joseph would become extremely excited
anytime he heard Rover bark from next door.
One Saturday morning Joseph was playing on the screened-in
porch of his home. He seemed quite content playing with his
toys while his parents completed some odd jobs around the
house. Once, when his mother checked on him, he was gazing
toward the Cookes’ house and listening for Rover’s bark. His
mother told Joseph that they could go swimming and visit Rover
later in the day.
The parents lost track of time, each assuming that the other had
been checking on Joseph. All of a sudden, the Andersons
realized that neither one of them had checked on Joseph for a
while. When they went to the screened-in porch Joseph was
nowhere to be found and the outside screen door was slightly
ajar. They called to Joseph, but he didn’t answer, even though

2. he was usually very good about coming when called.
The Andersons immediately started looking outside for Joseph.
He was not in the Andersons’ yard. At that moment, they
noticed that the gate to the Cookes’ pool fence was wide open.
Fearing the worst, they rushed through the gate calling for
Joseph. Initially nothing appeared out of the ordinary except
that Rover was dashing around the outside of the pool and
barking as if to attract someone’s attention. Then they noticed
the pool blanket was slightly pulled back from the side of the
pool at the deep end.
The Cookes always kept the pool covered with a pool blanket
when the pool was not in use. The blanket kept the water from
losing heat during the night and kept debris from falling into
the water. The pool blanket was constructed of two layers of
blue plastic material with small air pockets between the layers.
The blanket, floating on the surface of the water, covered the
entire pool surface except for a small area left open so Rover
could swim.
When the Cookes heard the Andersons yelling, they rushed out
to the pool to find out what was the matter. When they heard
that Joseph was missing, the Cookes’ first thought was that he
might have fallen into the pool while following Rover. John
Cooke called for Phil Smith so Phil could help remove the pool
blanket. Phil was a fifteen-year-old neighbor who often came to
play with Rover. Phil had been playing with Rover inside the
pool fence that morning. Phil did not answer so the Cookes and
the Andersons together started pulling back the pool blanket.
To their horror, they saw two bodies in the deep end of the pool.
They all jumped into the pool and pulled out the bodies. The
two women tried to revive Joseph and Phil while the two men
called the police and fire departments. When they arrived, the
police and firefighters joined the Andersons and the Cookes in
trying to revive the two boys. The two boys were rushed to the
hospital but died a few hours later.
The police report of the incident showed that Mr. Cooke
remembered opening the gate early in the morning while he was

3. doing work around the pool. Joseph must have opened the
outside screened door to his house and entered the pool
enclosure looking for Rover. He may have fallen into the deep
end of the pool while chasing Rover. The pool blanket would
have parted enough from the side of the pool to allow Joseph to
fall into the water. Although not a very good swimmer, Phil
apparently jumped in to rescue Joseph at the same place Joseph
had fallen in. The police theorized that Phil became disoriented
while trying to rescue Joseph and couldn’t get out from under
the pool blanket.
The Cookes have just been told that their neighbors are
planning to file suit against them, holding them responsible for
Joseph’s and Phil’s deaths.
Assignment Directions:
Your firm has been retained to represent the Cookes. Your boss
has requested that you draft an initial client opinion letter that
he will review and then send out.
In the letter, you need to address what liability the Cookes have
against claims brought by the Andersons and Phil's estate.
In preparing this opinion letter, please cite all primary and
secondary sources you used to reach your conclusion.
If you need formatting assistance, remember you can always
access the
Legal Writing Resources Page.
The letter should be at least two pages long.
Submit this opinion letter by Sunday, 11:59PM (Mountain).