Hypothetical Problem for Legal Memo Assignment 6

Ron and Cathy Bloom live on a farm in Allendale with their two children, Michael, age 10, and Sandra, age 12.  Every year on Labor Day weekend, the Blooms host a large gathering for their extended family.  The highlight of the gathering is an evening bonfire at which the children all roast marshmallows while the adults tell ghost stories.

This year, Ron broke his leg a few weeks before the party, so he had to ask his nephew, Charlie, age 14, to come over and help him get ready for the party.  The main job that he needed help with was gathering wood for the bonfire.  From time to time Ron has paid his neighbor to help with gathering wood, but this year the neighbor was unavailable, so Ron called Charlie.  Since Charlie is a family member and would be attending the party, Ron did not offer to pay him.

Charlie went out to the woods at the back of Ron’s property and began to pick up wood that was lying on the ground.  He loaded up Ron’s wheelbarrow, twice, and brought the wood across a field to where the bonfire was going to take place.  He then headed back to pick up a third load of wood.  As he walked back across the field, pushing the empty wheelbarrow, Charlie tripped on a hose that was part of the irrigation system for the field and he fell and hit his head on the wheelbarrow.  He required 25 stitches to close the wound and doctors now fear that he will have a permanent scar on his face.  He also will miss his freshman season on the high school football team because of the injury.

Charlie’s parents, Jack and Rosie Potter, have contacted your attorney to see if they have a claim against Ron and Cathy on account of Charlie’s injuries.