Question

Jerome, Sheila, Gary, and Ella agreed to purchase a tract of land and make it available for use as a free playground for neighborhood children. They called the enterprise Meadowbrook Playground. Jerome and Gary improperly hung one of the playground swings, and a child was injured. Suit was brought against Meadowbrook Playground. Can damages be recovered?

Answer 1

Damages may be recovered against Meadowbrook Playground if Jerome and Gary's negligence in improperly hanging a swing led to a child's injury, as they could potentially share liability as a joint venture.

Step-by-step explanation:

The question pertains to whether damages can be recovered against Meadowbrook Playground due to negligence leading to a child's injury. In legal terms, when individuals form an enterprise with the purpose of providing a community service or conduct a joint venture, they can potentially be liable for any harm resulting from their negligence. In this case, Jerome and Gary's improper hanging of the swing, which led to the accident, could constitute grounds for recovery if a court finds that their actions were negligent and directly caused the injury. The enterprise might be considered a partnership or some form of joint venture, depending on various factors like the agreement among the parties and their intention to share profits and losses. As a joint venture or a partnership, they would generally share liability for actions taken within the scope of the playground's operations. Additionally, if Meadowbrook Playground is functioning as a legal entity, such as a corporation or limited liability company, and if proper procedures were not followed to limit liability, all members could face personal liability.

Answer 2

Yes

Step-by-step explanation:

The damages can be recovered as Jerome and Gary hung the playground swing improperly. A child was injured due to their negligent actions. The case will be on Meadowbrook Playground and not on the individual person who has committed the mistake. According to law, the damages can be recovered as the enterprise owned the whole property, and due to their carelessness in the installation of swing, the accident took place. The child's parent has every right to recover damages from the playground owner.