Flying Sugar Bowl was Unexpected

January 2, 2015

  • 272 Negligence
  • 272XVII Premises Liability
  • 272XVII(D) Breach of Duty
  • 272k1160 Protection Against Acts of Third Persons
  • 272k1162 Store and Business Proprietors

01-02-15Sudden and unexpected hurling of a sugar bowl by an unruly restaurant patron during an altercation was not an act which restaurant operator could fairly and reasonably be expected to have foreseen or guarded against, and therefore restaurant operator would not be liable for injuries received as result thereof, in absence of establishment of actionable negligence on some other ground.

Burgess v. Garfield 49th St. Inc., 149 N.Y.S.2d 55, (N.Y. Sup. App. Term, 1955)