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Statutory Implications for Physically Limited Patrons: Wheelchair-Bound Patron’s Claims Not Precluded by Open and Obvious Defense

Premises Liability / June 4, 2019

In a published decision, Wilson v Diamondback Saloon, et al., Docket No. 342449 (May 30, 2019), the Court of Appeals addressed duties owed to wheelchair-bound patrons by premises owners. Finding that the patron’s use of a wheelchair implicated state statutes pertaining to barrier-free entrances, the Court held that Defendants were precluded from asserting the open and obvious defense as an absolute bar to the claim.

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