The Winston family has run a successful import-export business for nearly fifty years. They have accumulated substantial
Question:
The Winston family has run a successful import-export business for nearly fifty years. They have accumulated substantial wealth from their business. They remain active in the business and it is still thriving. Fifteen years ago, they developed a three acre tract of land with a high-rise office building and rented out the space to numerous local companies. Seven years ago, they decided to put a gym and swimming pool in the building so that the employees of its tenants could exercise during their work day. The Winstons hired a reputable company to install the swimming pool and diving board and they had access to the area during the construction process.One of their tenants was a diet center called Rapid Weight Loss Center ("Rapid"). Rapid had a ten year lease with the Winstons. Arthur Jenkins was one of Rapid's employees. Arthur was about thirty pounds overweight and was told by Rapid's management that he had to lose weight to keep his job. Arthur decided to start exercising more frequently. One day, as he was about to dive off the diving board into the pool, the board fell off its stand, hurling a startled Arthur against the side of the pool. Arthur sustained three broken ribs, a broken leg, a broken arm, plus a mild concussion.An investigation subsequent to Arthur's accident revealed that the board fell off the stand because the screws holding the board to the stand rusted after several years of use because they were not made of stainless steel. The Winstons had someone inspect the screws visually every year, but the only way the Winstons could have known about the rusted screws would have been to have someone unscrew the screws and examine them. The Winstons were aware of the remote possibility that the screws could rust, but they never considered having the screws removed and examined due to the relative infrequency with which this type of occurrence happens. Removing the screws would have been expensive and inconvenient. Moreover, the screws had always passed a visual inspection.Arthur comes to you for advice. He wants to sue Rapid, the company that installed the pool and the diving board, and the Winstons for damages as a result of his accident. Unfortunately, the company that installed the pool is out of business, and Rapid is judgment proof. As a practical matter, therefore, the Winstons are the only potential defendants.