According to the summary of the Opinion, the Plaintiff was injured as she slipped and fell on a rocky, hilly path that lead to an area of the premises where a zip line was offered.
 |
| Judge Arthur L. Zulick Monroe County |
Judge Arthur L. Zulick
noted that although the landowner had a duty of care to a business invitee that
required the landowner to protect the invitee from foreseeable harm, a
possessor of land was not liable to an invitee for physical harm caused by any
condition on the land whose danger was known or obvious to the Plaintiff,
unless the possessor of land should have anticipated the harm despite such
knowledge or obviousness.
In this matter, the court found that the danger was obvious when both the condition and the risk were apparent to and would be recognized by a reasonable visitor using normal perception, intelligence, and judgment. The record in this matter established that the condition of the rocky and hilly path was obvious to a reasonably attentive guest. The court also noted that pictures established that the Plaintiff could have avoided the areas of larger rocks if she had been uncertain of her footing.
Since the
court concluded that the Defendant landowner reasonably could have expected
that its invitees would have recognized the dangers posed by the rocky surface
and could have avoided stepping on loose or unstable stone, the landowner had
no duty to protect the Plaintiff from the conditions that allegedly lead to her
fall and injury. Accordingly, summary
judgment was entered.
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.