A and B 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 A passed away. After A’s death, B closed the bed and breakfast and only allowed close family and friends to stay overnight in her home. For the next five years, B never stepped into the backyard. The trampoline started to deteriorate. B put a small sign on the back door that said “Off Limits.” The sign was approximately the size of a standard sheet of paper and was located 25 feet away from the trampoline.
W, a nine-year old boy who lived down the street, climbed the fence (which was 15 feet high) and began to use the trampoline on a daily basis. B never saw W in the backyard because on the occasions he used the trampoline, she was away from the home. W played unnoticed for two weeks until he accidentally left his jacket and notebook near the trampoline. B noticed these items through her window, but never inspected them.
D, B’s cousin, who was 58 years old, visited B for a couple days as a guest. During the visit, D saw W on the trampoline. D did see B’s sign and went outside to watch W. D did not say anything to W. D was sitting on a lawn chair under a large tree watching W when a sudden wind came up. The wind causing one of the dead branches in the large tree to break, fall, and hit her on the head. D suffered a concussion. At the same time, the trampoline ripped and W fell. W scratched his legs on the rocky terrain under the trampoline. A state law requires the use of rubber tile under any structures built for children.
D sued B for negligence. Will D win? Explain. (75 points)
W sued B for negligence. Will W win? Explain. (75 points)
W sued D for negligence. Will W win? Explain. (50 points)