Question

Gaff stopped at a gas station operated by Johnson Oil Co. The temperature was below freezing, and the parking lot was icy, so she walked carefully. After getting gas, she drove her car behind the station to go through the car wash, but she couldn't get the door up. She went inside to get help, and on the way back to her car, she fell and was injured. Gaff sued, arguing Johnson Oil breached its duty of reasonable care to her. Is this correct? Why or why not?

Answer 1

No.

In regards to Gaff's allegations that the defendant breached it's duty of taking reasonable care to her, it has been proven that Gaff knew about the parking lot conditions and accepted the risk associated with that condition. However, the condition was naturally caused, open and obvious, therefore defendant's failure to warn the plaintiff about this condition and to remedy it didn't amount to breaches of defendant's failure to use reasonable care. Therefore, there is no breaches of duty by the Johnson oil.