Question 1: Minors cannot be liable in this scenario, because the innkeeper is responsible for the reasonable care and safety of the attendees in the swimming pool, according to the Rule 10D5.81(1) of the Department of health and Rehabilitative Services. The main discussion in court could be that the innkeeper does not prevail due to its negligence per se. Therefore, Mrs. Downey should file a claim, considering that she did not contribute in any way to be injured. Moreover, one can assume that she was badly injured considering that she was hospitalized for three days. However, to be completely fair, the innkeeper should argue that the Mooney twins ‘parents also failed to closely supervise their children and that as a consequence they should share liability under the Comparative Negligence Clause. Even though the argument will have a substantive weight during the trail or mediation process, there is the fact that the twins blatantly ignore the warning sign and …show more content…
If the court gives them this benefit, the twins will never learn how to be law abiding citizens. On the contrary, Mrs. Downey should receive full medical care and compensatory damages for her injuries. She will prevail in court as the innocent victim of lack of good judgment (twins and their parents) and negligence per se (hotel). However, on a personal note, one can say that when children grow without rules, there is nothing that will stop them from doing wherever they please. Therefore, the innkeeper could not do anything to prevent this incident. Finally, they long winding slides that turn and twists were the attractive nuisance that draw the attention of the twins and ignore the swimming pool rules. However the hotel managers should remembers that in swimming pools they should exercise a Higher Duty of Care Owed to