The Risk of Falling

The risk of falling is such an obvious part of life that it has become an established part of jurisprudence in U.S. law.

In a recent civil case, an appeals court dismissed the complaint of a college student who had fallen from an upper bunk in a school’s dormitory.

Generally, if an institution is aware of a risk which might not be obvious to the general population, they are responsible for making the danger known. So, when a floor becomes wet, a business will put out a “wet floor” sign or risk being liable for injuries. But if the risk is obvious, an institution is, under normal circumstance, not liable. Which is why we don’t have warning signs in front of 50lb bags of dogfood telling you that lifting heavy objects can injure your back. . . yet.

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.”

Then the judges’ decision concluded with this phrase:

“And significantly we have repeatedly held. . . that ‘no danger is more commonly realized or risk appreciated than that of falling.’”