Dennis is a 10-year-old boy who is always getting into trouble. Everyone in the neighborhood knows Dennis; they’ve actually nicknamed him “The Menace.” Mr. Wilson lives right next door to Dennis and has posted a large “No Trespassing” sign in his front yard to keep Dennis out. He also yells at Dennis to “Stay out!” whenever he sees Dennis walk by his house. All of the other neighbors have fences to keep Dennis out of their yards, but Mr. Wilson never put one up. Mr. Wilson decided to build a pool in his backyard. The pool builders, Pools R Us, came and dug a 20 foot long, 8 foot deep hole for the pool. After the workers went home, Dennis decided to investigate the new project. He walks over but then trips over a shovel one of the workers mistakenly left in the yard and falls into the hole. Mr. Wilson hears Dennis yell for help and puts a ladder in the hole so he can climb out. Dennis has a couple of bruises and minor cuts, but otherwise seems to be unharmed.
Dennis’s parents want to sue Mr. Wilson and Pools R Us for their son’s medical bills and emotional distress caused by the accident. Can they? What is their cause of action? What torts were involved? What possible defenses might Mr. Wilson and Pools R Us have? Please include sources.