Fantasy Land Amusement Park

| June 26, 2015

Michael has an amusement park called Fantasy Land located on his property. Michael decided to give his son a birthday party at his home and invited all his friends to Fantasy Land to celebrate. Tommy, a ten-year-old boy, attended the birthday party for Michael’s son. All the children were playing on all the rides and having a good time. In the afternoon, Michael emphatically announced to all the children that the Fantasy Land was closed. After the hired attendants cleared the park of children and moved them to Michael’s home, the attendants all left.

While other children and their parents were inside Michael’s house eating cake and watching the birthday boy opening presents, Tommy sneaked out an unlocked door leading to the amusement park. While Michael was in the kitchen getting more ice cream for the party, he looked out the window in the house and saw Tommy get on the Floaty Boat Ride. While Tommy was getting onto the ride, he stood up and fell into the water, hitting his head on the edge. Tommy sustained a large laceration to his head, and then sank below the surface of the water. Michael ran out and pulled Tommy out of the water. When Tommy arrived at the hospital, Doctor prescribed improper medication that resulted in some permanent brain damage to Tommy. Tommy, through an appointed guardian, has sued Michael.

What legal claim and defenses should be asserted in the suit by Tommy against Michael? Against Doctor? Discuss

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