Internal Legal Memorandum free essay sample

Running Head: INTERNAL LEGAL MEMORANDUM Internal Legal Memorandum PA299: Associates Capstone in Paralegal Studies Kynyatta Weaver Professor: Monica Ross Kaplan University Saturday, August 06, 2011 CONFIDENTIAL Legal Memorandum TO: Attorney Monica Ross FROM: Paralegal Kynyatta Weaver DATE: August 6, 2011 SUBJECT: Personal Injury FACTS On April 30, 2008 around 9:30 a. m. an incident involving Shayla Smith occurred at the OD Family Campground. The question is to whether the campground was negligent when securing the pool area where the incident occurred. Our client is Mary Smith the mother of Shayla Smith. Shayla Smith went to the O D Family Campground owned by Owen and Dolly Jones, with her friend Tamara and her parents Bob and Susan Tuttle. On the day of the incident the girls snuck out of the family living area and went to the pool area in the campground. When the girls go to the pool there was a lock on the pool but the lock had been broken, it was just there as a deterrence. We will write a custom essay sample on Internal Legal Memorandum or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The girls opened the gate and proceeded to enter the pool, Tamara went in first yelling that the pool was shallow, but Shayla did not hear her and proceeded to follow her in, and when she dove in and she broke her arm. Tamara saved Shayla by pulling her to the side of the pool and yelling for help. Shayla was taken by ambulance to the hospital and was treated putting a cast on followed by physical therapy. The Tuttles’ called Mary Smith on the way to the hospital as they followed the ambulance. This is Shayla’s first injury. Shayla has been diagnosed with ‘dyslexia’ (a learning disorder involving reading). ISSUES 1. Were the owners of OD Family Campground, Owen and Dolly Jones guilty of negligence by not proving a new lock for the pool gate? 2. Were owners Owen and Dolly Jones negligent by only having signs on display when the pool area was open instead of having them on display at all times? SHORT ANSWER 1. Yes, the owners of the OD Family Campground were negligent by not providing an appropriate lock for the gate on their property. . Yes, Owen and Dolly Jones the owners of the OD Family Campground were negligent by not having signs on display stating rules and regulations of the establishment. DISSCUSSION/ANALYSIS Comparative Negligence In this case the owners of the OD Family Campground knowing the lock was broken and not replacing it knowingly and willfully ignore a problem which lead to the broken arm of Shayla Smith at their establishment. Under the modified comparative negligence of 1986 (735 ILCS 5/2 -1116), the plaintiff’s recovery is reduced by the plaintiff’s comparative negligence unless the plaintiff is more than 50% at fault for causing their own injuries. If the plaintiff is more than 50% liable a judgment is then entered on behalf of the defendant. Swimming Pool and Bathing Beach Act (210 ILCS 125/et seq) The Department of Public Health issues the construction permits, inspections, and license on an annual basis for all swimming pools except at private residences that are used for the owner of the residence and their guest. This department is responsible for providing safe swimming environments. All pools are required to have a protective barriers (wall, fence, or barrier) the can enclose the entire swimming pool deck area. The barrier is supposed to prevent easy access to the pool area. RECOMMENDATIONS/ CONCLUSIONS In conclusion, the OD Family Campground were in fact negligent with the pool are and they were not in code with the requirements of the department of health when making the pool. The law of negligence applies hat is a person is injured on property that is dangerous because it is poorly maintained; the owner of the property is liable for being careless in maintaining the property. The Owners were negligent in not having a properly locked gate, a high enough fenced in barrier, or properly displayed warning signs. The owners of the OD Family Campground also violated the rules and guidelines of the Iowa Department of Public Health, therefore they should be held accountable for their action.