Question
John and Jenny converted their home into a bed and breakfast. Their business was popular among families because there was a giant trampoline in the
John and Jenny converted their home into a bed and breakfast. Their business was popular among families because there was a giant trampoline in the backyard for children. The couple successfully ran the business for years until John passed away. After John's death, Jenny closed the bed and breakfast and only allowed close family and friends to stay overnight in her home. Jenny refused occupants under 18 years old because she wanted children, but never had any with John. For the next five years, Jenny never stepped into the backyard. The trampoline started to deteriorate. Jenny put a small sign on the back door that said, "Off Limits." Joey, a nine-year old boy who lived down the street, climbed the fence and used the trampoline on a daily basis. Jenny never saw Joey in the backyard because he always played in afternoon while she was grocery shopping. Joey played unnoticed for two weeks until he accidentally left his jacket and notebook near the trampoline. Jenny saw the items and thought it was strange, but never investigated further. Julie, Jenny's cousin, visited Jenny for a couple days as a guest. During her visit, Julie saw Joey on the trampoline. Julie did not see Jenny's sign and went outside to watch Joey. When Julie sat on a lawn chair, it broke because the screws were loose. Julie fell back and hit her head. Julie suffered a concussion. At the same time, the trampoline ripped and Joey fell. Joey scratched his legs on the rocky terrain under the trampoline. A state statute requires the use of rubber tile under any structures built for children.
(1) Julie sued Jenny for negligence. Will she prevail? Discuss each element and possible defenses. (2) Joey sued Jenny for negligence. Will he prevail? Discuss each element and possible defenses.
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