Case Study 3
For years you've lived in a mobile home. Finally, you can afford to build a house.
During construction, a high, steep-sided pile of dirt is deposited in the yard. The
neighbour's pre-schoolers think this is great; just one great big sandbox to play in. You warn them off, but they continue to play there whenever they can. One day, the pile slides and they are buried for nearly an hour. They nearly suffocate and are traumatized.
1. Can they, or their parents, sue? Why or why not?
2. What defence might you offer?
3. Who will win? Why?