Hilton Hotel does not need a warning signPosted: July 17, 2008 Filed under: Assumption of the Risk, Wisconsin | Tags: Appellate Court, Business Services, Hilton, Lilly Pad, Marcus Corporation, Milwaukee, Signage, Trial court, Warning sign, Waterpark, Wisconsin Leave a comment
Signs, signs, everywhere there’s signs*, except at the Lily Pad Walk at the Hilton Milwaukee Center. Briane Pagel Jr. and his family sued the Hilton Milwaukee Center which is or has a waterpark on its premises. Mr. Pagel had been injured when he fell off the lily pad walk.
The lily pad walk is a series of large floating vinyl pads. There is an overhead net someone can grab to assist their walk or stop their fall. Mr. Pagel tried the walk and fell into the water. Then he tried again, falling and injuring his back.
Mr. Pagel claimed the hotel should have posted warning signs. The trial court judge dismissed the case and awarded the hotel their costs of $1,394. The appellate court agreed, stating the dangers were open and obvious to the reasonable user and not warning or signs were required.
*Apologies to Tesla and the song Signs
Pagel v. Marcus Corporation, 2008 Wisc. App. LEXIS 423