As we slip into summer, a word of caution… boat docks can be wet.  In Mossberg v Crows Nest Marina of Oceanside, the plaintiff, an experienced boatman, slipped as he was disembarking from a sailboat onto a dock.   He claimed that the dock was “shiny” but was unsure if it was wet or not.  Regardless, he claimed it was slippery and served an expert’s affidavit addressing the dock’s co-efficient of friction.

Although a landowner has a duty to exercise reasonable care to maintain its property in safe condition, there is no duty to protect against or warn of open and obvious conditions that are inherent or incidental to the nature of the property and could be reasonably anticipated by those using it.  Given that a dock is adjacent to water, a user can assume that it will be slippery.  In fact, the Second Department specifically found that a “slippery condition on a dock is necessarily incidental to its nature.”

Thus, the Court was not impressed by the plaintiff’s expert’s co-efficient of friction analysis noting that his findings were speculative and conclusory.  Since a slippery dock is  inherent in the nature of the property, the Second Department reversed the trial court’s denial of the defendant Marina’s summary judgment motion.

Thanks to Vincent Terrasi for his contribution.

For more information, contact Denise Fontana Ricci at .