Wilk v. Georges Sup. Ct. Of Or.,

267 Or. 19 (1973).

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Nature of the Case

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Facts

Georges (D) operated a garden supply and nursery business. Wilk (P) and her husband entered the nursery in search of a Christmas tree. The bare planks in that section of the store were slippery when wet and D placed asphalt on them and a warning sign by the gate. P slipped and fell on one of the planks and suffered injuries. The trial court instructed the jury that if a customer coming onto the premises knows of a dangerous condition or if the condition is obvious, there is no duty on the part of the owner to correct or warn of the condition unless, despite the fact that the danger is known or obvious, the owner should anticipate that the dangerous condition will cause physical harm to the customer. The judgment was given to D. P appealed.