Dona gets permission from her mother (single mom) to spend the weekend with her friend and her friends parents, Dona falls on their pool and breaks her arm, Donas mom is suing for negligence what if any are the affirmative defenses for both parties?
The friends parents can argue:
1) Assumption of Risk- They can argue implied assumption of risk that Dona knew the risks of the getting into the swimming pool and therefore they were not responsible (this is a weak argument because a swimming pool is not inherently dangerous).
2) Contributory Negligence- In contributory negligence ...
The expert examines permission and negligence affirmative. The expert determines if Donas mom has the right to sue for negligence.