Monitoring the Weather

September 24, 2013

  • 272 Negligence
  • 272XVII Premises Liability
  • 272XVII(C) Standard of Care
  • 272k1034 Status of Entrant
  • 272k1037 Invitees
  • 272k1037(4) k. Care Required in General.

272 NegligenceUnder New Hampshire law, unless voluntarily assumed, a property owner has no duty to monitor weather because forecasts do not, by themselves, constitute actual or constructive notice of dangerous conditions requiring a property owner to begin taking steps either to prevent or to remove the hazards that might follow; because weather forecasts are often wrong, they cannot be the basis of imputing superior knowledge on a landowner defendant that gives rise to the duty to protect a plaintiff invitee from weather conditions that actually occur.
Grant v. Wakeda Campground, LLC, 631 F. Supp. 2d 120 (D.N.H. 2009)