Rubric for Assignment:

(a) Provide thorough answers - answer must be at least four (4) sentences in length to each question.

(b) Please answer ALL questions - if you miss or skip a question, points will be deducted.

( c) Be neat and use proper spelling, punctuation and grammar

(d) Proper use of legal terms - use the correction definition of legal terms as noted in class and in the textbook, don't paraphrase or make it up.

The Case of the Argyle Alligator

Gator World, Inc., located in Toonerville, is an alligator farm and amusement park located in a rural area. Gator World is popular with the local population and has a hotel, restaurant, casino, and a large wading pool. Guests who come to Gator World are encouraged to stay and there are signs all over the property that state:

"COME STAY WITH US! EAT, DRINK, GAMBLE AND SWIM!!

KIDS WILL LOVE THE WADING POOL!"

Jim and Mary Gunderson are visiting Gator World with their two children, Adrian (age 6) and Anna (age 3). After spending the day at Gator World, the Gundersons decide to stay for dinner and let Adrian and Anna swim in the wading pool. After dinner, the Gundersons head down to the wading pool. Adrian and Anna run right into the water. For about 10 minutes, Adrian and Anna splash and play with other children in the wading pool.

Suddenly, Anna screams and paddles wildly in the water. Jim Gunderson rushes into the pool to rescue his daughter. He sees a large alligator, about 10 feet in length, with a green and gold argyle pattern on its back. The alligator grabs Anna, dragging her under the water. Mr. Gunderson tries to wrestle the alligator and free the child, but to no avail. Unfortunately, Anna's body is found a day later in some reeds adjacent to the wading pool.

An investigation is commenced by the Toonerville police department to find out why Anna was attacked in a supposedly safe and secure area. During the investigation, several hotel guests come forward and state to investigators that 24 hours before the attack, they saw a large alligator, with a green and gold argyle pattern on its back, swimming around the wading pool area. The witnesses then reported the sighting to Gator World's management. These witnesses stated the response they got from the management was, "Don't worry, the gators around here are not dangerous."

The Gundersons file suit against Gator World, Inc. for negligence in the death of their child. Gator World is denying that it was negligent.

Please answer the following:

1. Based on these facts, is Gator World liable for negligence? What are the elements of a negligence cause of action? Did Gator World owe a duty to the Gundersons and did it breach that duty? Explain.

2. Does Gator World have any defense(s) to the negligence claim? Why or why not?