Parella v. Compeau, N.J.Super App. Div., 2017 N.J.Super. Unpub. LEXIS 1622 (July 5, 2017)

Claim brought by worst holiday dinner guest ever is dismissed.

A dinner guest’s lawsuit for failure to warn of a dangerous condition was dismissed. The plaintiff alleged that she tripped over the host’s sleeping dog while carrying a wine glass. The wine glass broke, and her finger was imbedded with glass. The plaintiff’s theory of liability was that the arrangement of the chairs, the crowd, and the wall of the doorway obscured the dog from her view and that the defendants knew that the dog, which was sleeping in the hall in front of the doorway, posed a tripping hazard. The court found that the dog was not hidden from view, the plaintiff knew the dog was in the house, and the injuries were not caused by the dog’s actions. The court found a sleeping dog is not an unreasonable risk.

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