Internal Legal Memorandum Essay
Internal Legal Memorandum
PA299: Associates Capstone in Paralegal Studies
Professor: Monica Ross
Saturday, August 06, 2011
TO: Attorney Monica Ross
FROM: Paralegal Kynyatta Weaver
DATE: August 6, 2011
SUBJECT: Personal Injury
On April 30, 2008 around 9:30 a.m. an incident involving Shayla Smith occurred at the O&D 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 …show more content…
In this case the owners of the O&D 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.
In conclusion, the O&D Family Campground were in fact negligent with the pool are and they were not in code with the requirements of the department of