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The Risk of Falling

The risk of falling should be obvious. It is so obvious that it has become an established part of the legal system. In a recent civil case, an appeals court dismissed the complaint of a college student who had fallen from a bunk bed. The basis of the case was that the institution “neglected” to include a notice concerning the risk and danger of falling from the bed. The court held that the student, who had slept in the bunk for three months, had “equal knowledge that the lofted bed was raised off the ground and lacked guardrails before she fell.”

The judge’s decision concluded with the phrase: “And significantly we have repeatedly held . . . that 'no danger is more commonly realized or risk appreciated than that of falling.’”

To read the complete court decision click here.

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