Business Finance
Attractive Nuisance Doctrine Discussion

Question Description


Pretend that you are an associate for the law firm of Black Smith and Iron. Write a legal opinion letter based on the facts below. Use only Alabama state law no other jurisdictions apply.

Draft a legal opinion letter to Mary and Joseph Anderson from answering the following questions

  1. Does your state follow the attractive nuisance doctrine, and, if so, how does it apply to private swimming pools? 2. Can the Andersons hold the Cookes responsible for two-year-old Joseph Anderson’s death when Joseph wandered through an open gate to the Cookes’ pool-blanket-covered swimming pool after hearing the barking of the Cookes’ dog, apparently fell or jumped into the pool, and died after being found at the deep end of the pool? 3. What duty did the Cookes owe fifteen-year-old Phil Smith who had been playing with the Cookes’ dog when he died after trying to rescue two-year-old Joseph from drowning in the Cookes’ swimming pool but apparently became disoriented beneath the pool blanket covering the pool? 4. Can the Smiths hold the Cookes liable for their son Phil Smith’s death under either the attractive nuisance doctrine or the rescue doctrine?
  2. Use Westlaw to do your research on the attractive nuisance law.

Following the sample legal opinion letter in this website:

Final Answer



Attractive Nuisance Doctrine
Institutional Affiliation




Black Smith & Iron
Attorneys at Law
945 Walker Ln
Stockton, Alabama (AL), 34370
(718) 250-3726

February 15, 2019
Mr & Mrs Anderson
930 Beale St
Arab, Alabama (AL) 38609

Dear Mr and Mrs Anderson
It is with great hope that this letter will both find you well. Recently, you both wrote a letter
to us that your two-year-old son had passed away following an accident which occurred at Mr
and Mrs Cooke swimming pool. In the letter, you wanted to gain some clarifications on
whether a suit can be filed against the Cookes for the death of your child and Smiths' Child
using the attractive nuisance doctrine. One of the information which you have shared with us
was that your child wandered through an open gate. The private pool belonging to the Cookes
had been covered. However, the child heard the dog barking and fell into the poor. The action
further led him to drown to death, and his bod...

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