Internal Memorandum of law for negeligent supervision(the Tuttles) and Assignment

Internal Memorandum of law for negeligent supervision(the Tuttles) and negeligence( the Jone's) - Assignment Example Owen and Dolly Jones, who own and operate the campground, dont have any security on the premises because they are a "mom and pop" operation, and many of the campers come back year after year. They posted a sign out front that says, "Everyones family at the O & D Family Campground!" Tamaras family has been looking for a summer spot to which they can return year after year, so they gave the O & D Family Campground a try this year. The first morning after arriving, the two 10 year-old girls hit the pool at about 9:30, even though a sign posted at the pool entrance states that the pool is not supposed to open for another half hour, at 10:00 am. Tamara dove into the pool, and said, "Ow! Its shallow here, but it is warm! Come on in!" Shayla yelled, "What?" and dove in right next to Tamara, but she hit bottom and broke her arm. Tamara saved Shayla from drowning by pulling her to the side of the pool, and then helping her out to the pool deck. The girls yelled for Tamaras parents, who came out and immediately called an ambulance. Owen and Dolly returned from breakfast in town, and rushed into the pool area before the ambulance even arrived. Tamaras mom wondered why the pool was not marked as shallow on that end, but Dolly says they put up the signs every morning when they get ready to officially open the pool, plus the pool is sand bottom and relatively soft anyway. First: The Americans with Disabilities Act and other jurisprudence protects Shayla. Even though she is dyslexic, that does not mean that she is any more responsible or that the campground is any less responsible. Second: A business has some defense against negligence if what occurred happened outside normal business hours. However, this defense is not ironclad: If a company has an employee do an errand and the employee gets into a crash while carrying a company-issued cell phone or pager or is a non-designated driver, the company can be liable even outside of normal operating hours (FindLaw,