Analogy and Legal Reasoning

question 4

Essay

Analogy and Legal Reasoning
Bob Wilson enjoyed spending time relaxing in the heated spa situated in the back yard of his home. On a couple of occasions he noticed his next door neighbor's four-year old boy, Greg Adams, staring at him through the fence that separated the two yards. One afternoon, while Bob was away at work, and without Bob's permission, Greg climbed the fence, removed the cover from the spa, jumped in, and drowned. Mr. and Mrs. Adams filed suit against Bob for failing to install a lock on the lid of the spa.
There are two controlling cases in this jurisdiction:
Andrews v. Lewis: While Lewis's home was being remodeled, Andrews was walking in the neighborhood when he noticed the front door of Lewis's home was wide open. Andrews entered the home for the purpose of stealing some of the contractor's tools, but while inside he fell through a hole in the floor that had been covered with tar paper. Andrews, who suffered injury, sued Lewis for maintaining a hazardous condition on the premises. The court ruled in favor of Lewis, noting that Andrews was a trespasser.
Garrison v. Fashion Stores: While Mrs. Garrison was shopping at one of the defendant's stores, her five-year-old boy Roger left her side for a few minutes to play on the escalator. Roger was injured by a broken tread. Mrs. Garrison sued the store, and the court found in her favor, noting that the store had a duty to inspect the escalator and take precautions to ensure the safety of the shoppers.
Construct two arguments, one supporting Wilson, the other supporting Adams.

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Definitions:

Adolescents

Young people typically between the ages of 13 and 19, undergoing the transition from childhood to adulthood.

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Written words that are part of a song, often expressing emotions, stories, or ideas.

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A tentative explanation or prediction that can be tested through research and experimentation.

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