Common sense has prevailed in a recent First District Illinois Appeals Court case involving a woman who slipped and fell and subsequently filed a lawsuit to hold the boat owner responsible for her injury.
The woman was enjoying a day’s outing as a guest of the boat owner along with other people when she slipped, fell and suffered injuries as she crossed from one side of the boat to the other. She sued the boat’s owner, alleging that he created an unreasonably dangerous condition and failed to warn her that the boat deck was wet.
As a defense to the claim, the boat owner argued that the fact that a boat deck is wet is something a reasonable person would expect and that water on the deck was an open and obvious hazard she should have known and seen. The trial court ruled in favor of the boat owner and granted summary judgment in his favor. The Plaintiff appealed the decision, saying she deserved a trial and she should be allowed her day in court to present her case. However, common sense prevailed and the appellate court agreed with the lower court that the woman who filed the case should have used due care for her own safety and exercised caution when crossing the wet deck that was an obvious safety hazard.
To read the court’s opinion, click here.