Good afternoon,

Using case below, can you please help me draw an answer to the complaint as the attorney for the defendant? Include possible defense that can be used. Also injury occurred within the past 5 years so consider the statue of limitations for Kansas. Thank you in advance.

Defendant(s) were served with Smith's complaint and have asked you to represent them in the legal matter. In addition to the information from last week, James provided the following information:

Jones left the ladder closed and laying on the ground, thinking that small children would not be able to lift and set it up. In addition, Jones had left the ladder in the same spot for the three previous nights and nothing had happened. The duty to pick up the debris and equipment was not added into the original written contract to repair the roof. James tells you that while they have been working at Smith's house, he has noticed that the children are allowed to run free in the yard without supervision.

Whole case:

John Smith noticed a leak in the ceiling of his home on 876 Grand Ave., Kansas City, Jackson County, Missouri 64115. Last week, John Smith saw an advertisement in the Kansas City Star for ABC Roofing Company offering free roof inspections. ABC Roofing is located at 6754 Lee Blvd., Leawood, Johnson County, Kansas 62055. Smith liked the fact that ABC was a local business and called to set up a roof inspection.

An employee from ABC Roofing inspects Smith's roof and determines that the leak is due to roof damage. John James, the owner of ABC Roofing, calls Smith and advises him of the damage to his roof and offers to replace the roof at a cost of $8,000.00. Smith asks two more roofing companies to come by and inspect his roof. Both companies report that the roof is damaged and needs to be replaced. Both companies offer a bid to replace the roof at a cost higher than $8,000.00.

Smith decides to hire ABC to repair the damage to his roof.

Smith and James enter into a contract wherein ABC Roofing agree to replace the roof in consideration of the payment of $8,000.00. ABC Roofing arrives on June 18, 2018 and begins to tear off the roof.

That night, Smith comes home from work to see equipment and debris from the roofing job all around his house and in the yard. Smith has small children that like to play outside, and he worries that one of them might be injured by the debris. Smith calls James that night and asks that James' employees clean up around the house and yard before leaving each night so that his children are not accidentally injured. James agrees and promises to have his employees clean up each evening before leaving the property.

Two days later, Jack Jones, an ABC Roofing employee, leaves a ladder next to the house. Smith's children Andy (6) and Sarah (10) begin to play on the ladder. Sarah climbs up the ladder and Andy begins to shake the ladder because he wants a turn, Sarah falls from the ladder and injures her knee. Smith takes Sarah to the emergency room where Dr. Ken Johnson determines that Sarah's knee is fractured. Dr. Ken Johnson asks Dr. Tonya May, an orthopedic surgeon, to consult on the case. Dr. May determines that Sarah's injury to the knee is quite complicated and that she needs surgery.

Sarah has surgery and after 3 months, she is still experiencing swelling and stiffness in her knee. Smith takes Sarah back to Dr. May, and she determines that, as a result of the complicated injury, Sarah may experience swelling and stiffness in her knee for the rest of her life.

The doctor and hospital bills for the emergency room, surgery, doctor's appointments, and other related care adds up to more than $80,000.00.