Problem:
In the following hypothetical determine which negligence defenses apply. Discuss the definitions of each defense and how they apply:
The Barregos Inn, owned by Guillermo Esteban, has a swimming pool with no lifeguards on duty. The pool is surrounded by a high wire fence, and access to the pool is restricted to guests, who must use their room keys to reach the facility.
Signs posted in several places on the fencing read, in bold black lettering: "NO LIFEGUARD ON DUTY. SWIM AT YOUR OWN RISK! NO DIVING, RUNNING, OR HORSE PLAY ADULTS MUST SUPERVISE CHILDREN. BE CAREFUL!"
Tony, a 16-year-old, and his family are staying at the Inn. Tony and his 17-year-old girlfriend, Tanya, went swimming in the pool after midnight. There were no signs indicating times when the pool was open or closed. At 1:45 a.m., hotel maintenance activated the automatic pumps to drain the pool for cleaning. None of the Inn staff checked to see if the pool was being used. While swimming underwater, Tanya got her left foot caught in a pool drain, as a result of the powerful suction of the pumps. She would have drowned had Tony not rescued her. She suffered torn tendons in her foot and ankle and she developed an extreme phobia toward water. She experienced nightmares and acute nervousness after the incident. There were no signs indicating that the pool could be drained remotely nor that the drains were dangerous when the pumps were running.