It was the celebration of a young man about to embark on the rest of his life. But for one young woman, it marked her last day. A guest at a graduation party crashed an all-terrain vehicle with her on the back.
Her parents subsequently filed a lawsuit alleging premises liability on behalf of the graduate’s parents, who had thrown the party. However, a district judge ruled a claim of premises liability wasn’t appropriate for an incident that occurred off-site and did not stem from a dangerous condition in the property. The Rhode Island Supreme Court, in its review of Phelps v. Herbert, affirmed.
Our Cape Coral ATV injury lawyers recognize the primary issue in cases of alleged negligence such as this is the determination of duty of care. That is, what duty of care did the property owners owe the decedent?