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· 9/1/1869

The Albert Gallatin

Citations

  • 1 F. Cas. 305
  • 1869 U.S. Dist. LEXIS 122

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that the premises owner’s duty to warn arises when the owner has “superior WASHINGTON, 12CA21 22 knowledge of the particular danger which caused the injury”
  • finding that Ohio Rev. Code § 5321.04(A)(3), requiring a landlord to “[k]eep all common areas of the premises in a safe and sanitary condition,” did not abrogate the long-standing rule of common law that a landlord has no duty to clear natural accumulations of snow and ice
  • no duty exists on a landlord to remove natural accumulations of ice and snow under R.C. 5321.04[A][3]
  • “Liability only attaches when an owner has ‘superior knowledge of the particular danger which caused the injury’ as an ‘invitee may not reasonably be expected to protect himself from a risk he cannot fully appreciate’”
  • “[i]t is only where it is shown that the owner had superior knowledge of the particular danger which caused the injury that liability attaches, because in such a case the invitee may not reasonably be expected to protect himself from a risk he cannot fully appreciate”

Source: CourtListener parenthetical corpus (CC0).

Judges: Busteed

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.