· 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
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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