4/28/2010Just because you go sledding doesn't mean you inherently risked being injured; at least not by a metal pole that was not readily visible, held a New York trial court in Han v. CVJ Corp.
In this case, which is scheduled to appear in tomorrow's New York Law Journal, the plaintiff, who was sledding in New York's Central Park, sustained injuries to his hand when he came in contact with the hard base of a public art exhibit that was at least partially concealed to the snow accumulation.
Although the defendants moved to dismiss the action, arguing that they could not be held liable because there was still a "storm in progress" at the time of the accident (for more on this topic, please see "Why Many Slip and Fall on Snow & Ice Cases Fail in New York's Courts"), the Court ultimately rejected their argument, noting that the plaintiff did not claim that he fell on snow; rather, the plaintiff claimed that he was injured because the defendants failed to warn him about the dangerous, concealed exhibit base, in violation of their responsibility to maintain their premises in a reasonably safe condition and warn lawful pedestrians about potentially dangerous conditions that were and/or are not readily visible
Category: Slip / Trip and Fall Accidents
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