A Court of Appeals in Ohio said this week that it did. The lawsuit arose after a woman attending a water aerobics class at a local athletic club fell leaving the pool area. As she attempted to make her way around a man positioning a ladder, she fell into the kiddie pool. She sued the club for negligence.
The Court cited precedent holding a business owner is not an insurer of a customer’s safety, particularly where a hazardous condition is observable. The Court found that the kiddie pool (even with the workman and ladder present) was an open and obvious condition.
Take caution, though. Business owners owe a duty to their customers to maintain their premises in a reasonably safe condition, and that includes warning of hidden dangers.
Did you know?
Based on drawings found from 2500 BC, it’s believed swimming dates back to at least Ancient Egypt. In 1896, swimming became an Olympic sport. Initially it was a men’s only event. In 1912 women became eligible to compete. In 2008, American swimmer Michael Phelps broke an Olympic record—he was the first Olympic competitor to win 8 gold medals at a single Olympic game.
