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8 Pennsylvania opinions name it 4 courts 1988–2024 1 in the last five years
The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Carrender v. Fitterergreen2 sentences2024The Superior Court reasoned that the defendants owed no duty to the plaintiff “either a 13 Thus, when a business invitee “discovers dangerous conditions which are both obvious and avoidable, and nevertheless proceeds voluntarily to encounter them, the doctrine of assumption of risk operates merely as a counterpart to the [landowner’s] lack of duty to protect the invitee from those risks.” Carrender, 469 A.2d at 125 (citations omitted). 1989The Supreme Court based its decision on the duties of landowners to invitees and wrote that “the doctrine of assumption of risk operates merely as a counterpart to the possessor’s lack of duty to protect the invitee from those risks.” 503 Pa. at 188 , 469 A.2d 120 . | 3 | 6 |
Longwell v. Giordanogreen2 sentences2017“When an invitee enters business premises, discovers dangerous conditions which are both obvious and avoidable, and nevertheless proceeds voluntarily to encounter them, the doctrine of assumption of risk operates merely as a counterpart to the possessor’s lack of duty to protect the invitee from those risks.” Longwell v. Giordano, 57 A.3d 163, 167 (Pa. Super. 2012) (citation and quotation omitted). 2017“By voluntarily proceeding to encounter a known or obvious danger, the invitee is deemed to have agreed -5- J-A23028-17 to accept the risk and to undertake to look out for himself.” Id. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
MONTAGAZZI v. Crisci
green
2 sentences2015Montagazzi, 994 A.2d at 636 (quoting Carrender, 469 A.2d at 125 ). 2014Montagazzi, 994 A.2d at 636 (quoting Carrender, 469 A.2d at 125 ). | 2 | 2014–2015 |
Bullman v. Giuntoli
green
1 sentence2015Similarly, “[w]hen an invitee enters business premises, discovers dangerous conditions which are both obvious and avoidable, and nevertheless proceeds voluntarily to encounter them, the doctrine of assumption of risk operates merely as a counterpoint to the possessor’s lack of duty to protect the invitee from those risks.” Zeldman, 980 A2.d at 642. - 11 - J-A20031-15 The risk that is appreciated and accepted must also be “the specific risk that occasioned injury.” Bullman, 761 A.2d at 571 . | 1 | 2015–2015 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.