Sometimes you win one
Posted: November 26, 2008 Filed under: Uncategorized Leave a comment
A woman fell 120 foot over Kaaterskill Falls and sued the state of New York for her injuries. The woman was being lead blindfolded up to the falls wearing flat slip on shoes with no tread. She suffered numerous injuries.
The issue was whether or not the testimony of the injured girl or her friend was more credible. The friend was the one leading the girl blind folded up to the falls and is now estranged from the plaintiff.
The plaintiff claimed the state was liable for failing to adequately warn of the dangers; (I’m curious what signs you can read while blind folded.) and for failing to provide adequate barriers to prevent people from falling.
The court found the profound danger of the falls was open and obvious to anyone employing the reasonable use of their senses.
See: Court rules against fall victim

