Slip and Fall Case Tossed Out for Good reason

Slippin' On the Dock of The Bay

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Slippin’ On the Dock of the Bay


The Finger Lakes are arguably the greatest natural asset we enjoy in central and western New York. Who doesn’t look forward to time on the lake during the summer months, be it swimming, boating, or just sitting and admiring the view?
Owners of lake property can breathe easier this summer due to a recent court decision in which common sense prevailed in a frivolous lawsuit brought against a lakefront property owner. In that case, a woman was injured when she slipped and fell while getting out of a rowboat and onto a dock. The woman claimed that the property owner was negligent by allowing the dock to be in an “unreasonably dangerous condition”. According to the woman and her lawyer, this “unreasonably dangerous condition” was caused by the presence of algae on the dock, and get this- water!
The judge on the case dismissed the woman’s claim, and the woman appealed. On appeal, the court ruled that “algae (and water) did not constitute an unreasonably dangerous condition for which the defendant may be liable, as it was inherent in the nature of a lake in the summer.” Let me translate the Court’s “legalese” for you- “What the heck did you expect on a dock in the summer, you moron! Of course there was algae and water and if you slipped it was your own damn fault!” Of course judges can’t speak plainly like that, and neither can attorneys in court. But it seems pretty obvious that if the judge could speak frankly with you over a gin and tonic on a warm summer night on Conesus Lake (or Honeoye Lake or Lake Ontario), that is exactly what he/she would say.
Let’s all cheer this dose of common sense, and the death of another frivolous injury and accident lawsuit!


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