Steigman v. Outrigger Enterprises, Inc.
Annotate this CaseMichele Steigman brought a tort action to recover damages after suffering a slip-and-fall accident while she was a guest of Outrigger Enterprises' hotel. The case went to trial, and a jury found Outrigger was not negligent. The Intermediate Court of Appeals (ICA) affirmed. At issue on certiorari was whether Hawaii's comparative negligence statute nullifies the common law tort defense barring recovery for plaintiffs injured by known or obvious dangers. The Supreme Court vacated the judgment of the ICA and circuit court, holding that where the comparative negligence statute eliminates contributory negligence, the known or obvious danger defense is no longer viable as a complete bar to an injured plaintiff's claim in the context of premises liability.
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