KBLEE
- Montgomery, IL
Not a great analogy. For one, there are laws requiring a pool to be fenced in Illinois and many other states and local municipalities. I haven't heard any indication the UM tunnel was not up to code. Second, none of the scenarios you mention involves a clearly at-fault third party. How about this analogy instead: you host an annual pool party and invite your neighbors, including Bob and Jim who you know absolutely hate each other, and even got into a shouting match at last year's party. Your pool only has one set of stairs and while Bob is using it to get in, and Jim is using it to get out, they get into an altercation and Jim drowns Bob in your pool. How liable are you for Bob's death?
Actually, you didn't invite Bob or Jim. The homeowners' association invited them.