The Duty of Care Extended to Invitees is Not Boundless

In the previous posting, I write about how the element of duty in a negligence claim is a question of law. It is up for the court to decide and not the jury.  However, I did not delve into the facts of the case. The underlying case was a personal injury case. A plaintiff was injured when she parked her car and, instead of using the paved sidewalk, decided to cross a grassy median and stepped on an irrigation box. She sued the defendant in a premise liability negligence action claiming the defendant failed to maintain the grassy median, or adequately...

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