In such as case, a property owner is charged with a responsibility of offering ordinary care to the invitee and eliminate any unreasonable risk of harm created by the condition of a premise, and about which the property owner was aware of or should have been aware of (Patrick, 2001). Though the court acknowledged that a premise owner does not have a responsibility to protect patrons from other patrons, it recognized the option where the owner might know or have a reason to know that the invitee was exposed to an unreasonable and foreseeable risk (Phil & Omari, 2008). In any case, the court argued, intoxication is associated with aggressive behavior. The Timberwalk decision semblance and applicability in this case was dismissed on ground that the evidence of past risk was not enough (Phil & Omari, 2008).Owing from the above, the court of appeal affirmed the case noting that the De Lago resort should have foreseen the risk of injury for the 90 minutes the tension had been growing and ultimately leading to a fight (Phil & Omari,
In such as case, a property owner is charged with a responsibility of offering ordinary care to the invitee and eliminate any unreasonable risk of harm created by the condition of a premise, and about which the property owner was aware of or should have been aware of (Patrick, 2001). Though the court acknowledged that a premise owner does not have a responsibility to protect patrons from other patrons, it recognized the option where the owner might know or have a reason to know that the invitee was exposed to an unreasonable and foreseeable risk (Phil & Omari, 2008). In any case, the court argued, intoxication is associated with aggressive behavior. The Timberwalk decision semblance and applicability in this case was dismissed on ground that the evidence of past risk was not enough (Phil & Omari, 2008).Owing from the above, the court of appeal affirmed the case noting that the De Lago resort should have foreseen the risk of injury for the 90 minutes the tension had been growing and ultimately leading to a fight (Phil & Omari,