O'Sullivan v. Shaw’s Empirical Analysis
2000
Citation profile
10 federal appellate · 14 district · 109 state decisions
Relationships
Relies on Kourouvacilis v. General Motors Corp. · Morrison v. Olson · 136 Ill. 2d 132 - Ward v. K Mart Corp. · Mounsey v. Ellard · Carrender v. Fitterer
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 146 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A] landowner is 'not obliged to supply a place of maximum safety, but only one which would be safe to a person who exercises such minimum care as the circumstances reasonably indicate.'”
2 later decisions quote this exact passage“does not extend to dangers that would be obvious to persons of average intelligence.”
2 later decisions quote this exact passage“[l]andowners are relieved of the duty to warn of open and obvious dangers on their premises because it is not reasonably foreseeable that a visitor exercising (as the law presumes) reasonable care for his own safety would suffer injury from such blatant hazards. See Blackmer v. Toohil, 343 Mass. 269, 271-272 , 178 N.E.2d 274 (1961); St. Rock v. Gagnon, 342 Mass. 722, 723-724 , 175 N.E.2d 361 (1961). Stated otherwise, where a danger would be obvious to a person of ordinary perception and judgment, a landowner may reasonably assume that a visitor has knowledge of it and, therefore, “any further warning would be an empty form” that would not reduce the likelihood of resulting harm. LeBlanc v. Atlantic Bldg. & Supply Co., 323 Mass. 702, 705 , 84 N.E.2d 10 (1949). See Bavuso v. Caterpillar Indus., Inc., 408 Mass. 694, 699 , 563 N.E.2d 198 (1990) (products liability); Waters v. Banning, supra 339 Mass. 777 , 162 N.E.2d 41 (1959).”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.