Wood v. Cambridge Mut. Fire Ins. Co.

17 Citing cases

  1. Badeaux v. Louisiana-I Gaming

    Civil Action 20-2348 (E.D. La. Nov. 18, 2021)   Cited 1 times
    In Badeaux v. Louisiana-I Gaming, 2021 WL 5386136 (E.D. La. Nov. 18, 2021), recon. denied, 2022 WL 444233 (E.D. La. Feb. 14, 2022), the court granted a summary judgment in favor of a defendant where a plaintiff tripped over an unobstructed sprinkler head which was raised seven inches above the ground.

    Louisiana courts also recognize that grounds adjacent to a sidewalk, which are not intended to be used as a walkway, are not “expected to have a completely ‘table-top' smooth surface.” Wood v. Cambridge Mut. Fire Ins. Co., 486 So.2d 1129, 1133 (La.App. 2 Cir. 1986).

  2. Potter v. First Federal S L

    615 So. 2d 318 (La. 1993)   Cited 173 times
    Discussing appellate courts' standard of review for summary judgments

    Because the lessor guarantees the lessee against all vices and defects, not merely the apparent defects, the lessor who fails to fulfill this duty is held strictly liable. Gallagher v. Favrot, 499 So.2d 1205 (La.App. 5th Cir. 1986), writ den., 503 So.2d 23 (La. 1987); Wood v. Cambridge Mut. Fire Ins. Co., 486 So.2d 1129 (La.App. 2d Cir. 1986); Comments, Landlord Liability — Obligation to Maintain Adequate Security — A Comparative Study, 59 Tul.L.Rev. 701, 732 (1985). The duty is owed by the lessor strictly to the tenant.

  3. Landry v. State

    495 So. 2d 1284 (La. 1986)   Cited 86 times
    Balancing the intended benefit of the thing with its potential for harm and the cost of prevention

    The court rejected a reduction of recovery in this case because it found no fault by the plaintiff. In Wood v. Cambridge Mutual Fire Insurance Co., 486 So.2d 1129 (La.App. 2d Cir. 1986), the fault of the plaintiff was found the sole cause of a trip-and-fall accident. The plaintiff sued his landlord following his fall in a depression caused by a rotting tree stump.

  4. Chenet v. St. Edwards Ltd. P'ship

    279 So. 3d 395 (La. Ct. App. 2019)

    A premises defect must be of such a nature as to constitute a dangerous condition that would reasonably be expected to cause injury to a prudent person using ordinary care under the circumstances. In Wood v. Cambridge Mutual Fire Insurance Company , [486 So.2d 1129, 1133 (La.App. 2 Cir. 1986) ], the court set forth the standard applicable to a residence yard:The yard of a residence is not intended or expected to have a completely "table-top" smooth surface.

  5. Spencer v. Benny's Car Wash, LLC

    2011 CA 1708 (La. Ct. App. May. 4, 2012)   Cited 3 times

    4 Cir.), writ denied. 526 So.2d 800 (La. 1988) (wherein a pedestrian's conduct was found substandard, when she tripped over a pothole in the street she was crossing, when inclement weather at the time of the incident was enough to put an ordinarily prudent person on notice that she would have to watch her step, and when she did not cross the street at the corner); Wood v. Cambridge Mutual Fire Insurance Company, 486 So.2d 1129 (La. App. 2 Cir. 1986) (holding that a trial court was not clearly wrong in finding a hole, approximately six inches deep and two feet across, located on residential property that was rented by the plaintiff, did not create an unreasonable risk of harm); Carr v. City of Covington, 477 So.2d 1202 (La. App. 1 Cir. 1985), writ denied. 481 So.2d 631 (La. 1986) (in which it was held that a pothole, about twelve inches in diameter and from one inch to two inches deep, in a street, did not present an unreasonable risk of injury, where plaintiff's conduct was substandard in not watching his step); and Stone v. Trade-Mark Homes, Inc., 431 So.2d 61 (La. App. 1 Cir. 1983) (wherein it was held that a cup-shaped hole, seven inches in diameter by three inches deep, on a vacant lot, did not create an unreasonable risk of harm).

  6. Greely v. OAG Properties, LLC

    12 So. 3d 490 (La. Ct. App. 2009)   Cited 9 times

    Also, the defendants contend that they did not create any condition of leaves covering the stumps or have notice of the same. In Wood v. Cambridge Mutual Fire Insurance Company, 486 So.2d 1129 (La.App. 2d Cir. 1986), this court observed: The yard of a residence is not intended or expected to have a completely "table-top" smooth surface.

  7. McCloud v. Hous. Auth.

    987 So. 2d 360 (La. Ct. App. 2008)   Cited 20 times
    Holding that “[n]egligence and strict liability claims are both analyzed under the duty risk analysis”

    Similarly, in Maples v. Merrimack Mutual Fire Insurance Co., 567 So.2d 1178 (La.App. 3 Cir. 1990), the Third Circuit held that ruts in an unimproved driveway did not constitute an unreasonable risk of harm. In Wood v. Cambridge Mutual Fire Insurance Co., 486 So.2d 1129 (La.App. 2 Cir. 1986), the Second Circuit found that a hole approximately six inches deep and two feet across on residential property did not create an unreasonable risk of harm. Finally, in Stone v. Trade-Mark Homes, Inc., 431 So.2d 61 (La.App.

  8. Monson v. Trav. Pro.

    955 So. 2d 758 (La. Ct. App. 2007)   Cited 26 times
    Recognizing article 2317.1 does not make an owner of a thing "the insurer of [its] safety"

    While a landowner has an obligation to maintain lawns and other grassy areas, that obligation does not require a "table-top" smooth surface. Wood v. Cambridge Mut. Fire Ins. Co. (La.App. 2 Cir. 1986), 486 So.2d 1129. It is inherent in grassy areas that are not intended or designed for use as a walkway, that they present minor hazards such as uneven ground or holes which could cause a person to trip and fall.

  9. Johnson v. Monroe

    870 So. 2d 1105 (La. Ct. App. 2004)   Cited 8 times

    " Johnson v. Brookshire Grocery Co., 32,770 (La.App. 2d Cir. 03/01/00), 754 So.2d 346, writ denied, 2000-0938 (La. 05/26/00), 762 So.2d 1107. Moreover, this court recognized in Wood v. Cambridge Mutual Fire Insurance Company, 486 So.2d 1129, 1133 (La.App. 2d Cir. 1986) that: The yard of a residence is not intended or expected to have a completely "table-top" smooth surface.

  10. Crucia v. State Farm

    754 So. 2d 270 (La. Ct. App. 1999)   Cited 4 times

    Lee v. Magnolia Garden Apts., 96-1328, p. 14 (La.App. 1st Cir. 5/9/97), 694 So.2d 1142, 1150, writ denied, 97-1544 (La. 9/26/97), 701 So.2d 990. 486 So.2d 1129, 1133 (La.App. 2d Cir. 1986). The yard of a residence is not intended or expected to have a completely "table-top" smooth surface.