In Adler v. Copeland (Fla.Dist.Ct.App. 1958) 105 So. 2d 594, the District Court of Appeal of Florida reversed a judgment of involuntary nonsuit entered after the trial court indicated an intention to direct a verdict in favor of the defendant. Adler involved the drowning death of a five-year-old child in a neighbor's backyard pool. The child gained access to the backyard pool area through an unlocked gate. The homeowner knew that her children as well as the five-year-old were playing in the backyard when she told the children that she was going to visit a neighbor and that the children were not to go near the pool. Leaving the children unattended for 30 minutes, the homeowner returned to find the body of the five-year-old floating in the pool. The district court of appeal held that a landowner has the duty to refrain from willful and wanton acts of negligence and to give warning of any defects or dangerous conditions that are not obvious, and it was a jury question as to whether that duty was violated, given the "tender years of the deceased child." (Id. at p. 596.)