The wealthy industrialist, CM Burns opened the extensive ornamental garden on his estate to the public. Ned took his sons, Rod (aged 12) and Todd (aged 10) to see the garden.
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In the garden, there was a tree surrounded by a very low fence that bore bright pink berries. Next to the tree was an old and barely legible sign that warned that the berries were extremely toxic. On one side of the garden was a large unfenced lake. Shortly after they arrived, Ned was distracted and both Rod and Todd wandered off unsupervised.
Todd was attracted to the tree by the bright colour of its berries. He ate some of the berries and became very ill, requiring emergency hospital treatment.
Rod went to investigate the lake. He attempted to paddle in the lake, but slipped and nearly drowned. He too required hospital treatment. As a result of swallowing water from the lake, Rod contracted Weil’s disease.
Ned was distraught at what had happened. He wanted to drive to the hospital to be with his sons. There were two bridges that led to the car park. The nearer of the two bridges was unsafe. There was a warning sign that cautioned visitors not to use it. The other bridge was safe, but Ned, who was in a hurry, elected to use the unsafe bridge. As he walked across the bridge it partially collapsed, causing Ned to break his leg.
Advise CM Burns and his insurers as to any potential liability in tort to Ned, Rod and Todd.