So, have we reached a point where we have to have “guests” sign a waiver before we allow them in our homes? I would venture to say that you should be able to sue for extreme negligence (i.e. leaving pit bull running about during a children’s party or not having anyone to watch the children in the pool during a children’s party), but an open basement door does not strike me as extremely negligent.
Accidents are accidents. An open door does not constitute negligence. The caterer surprising the guest does not constitute negligence. Failing to catch oneself before tumbling down the stairs does not constitute negligence. It was an accident with extreme consequences, but an accident nonetheless.
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It was an accident and the estate doesn’t deserve to profit from it. No foreseeability, no defects, no notice, no negligence.
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So, have we reached a point where we have to have “guests” sign a waiver before we allow them in our homes? I would venture to say that you should be able to sue for extreme negligence (i.e. leaving pit bull running about during a children’s party or not having anyone to watch the children in the pool during a children’s party), but an open basement door does not strike me as extremely negligent.
Accidents are accidents. An open door does not constitute negligence. The caterer surprising the guest does not constitute negligence. Failing to catch oneself before tumbling down the stairs does not constitute negligence. It was an accident with extreme consequences, but an accident nonetheless.