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Kane v. Landscape Structures, Inc.

Court of Appeals of Georgia
709 S.E.2d 876 (2011)


Facts

Steven Kane (plaintiff) fell off of playground equipment on which he was climbing, injuring him. Kane was nine years old at the time. The equipment was designed for children aged 18 months to three years. The equipment had a pitched roof, on top of which older children frequently climbed in order to then jump off. Kane fell while climbing up to the roof. The Kanes brought suit against the manufacturer of the playground equipment, Landscape Structures, Inc. (defendant). Landscape moved for summary judgment based on Kane’s assumption of the risk. Kane admitted at trial that the equipment was designed for younger children and was not designed for climbing on the roof. The trial court granted Landscape’s motion. Kane appealed.

Rule of Law

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Issue

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Holding and Reasoning (Blackwell, J.)

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Dissent (Barnes, J.)

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