In a ruling that adopts the "sphere of control" test in premises liability cases, the 3rd U.S. Circuit Court of Appeals has upheld the dismissal of a suit brought by a man who was rendered quadriplegic when he was knocked over by a powerful wave while bodysurfing in the Virgin Islands. The court held that property owners have a duty to warn about unsafe conditions beyond their premises only if the owner had a legal right to control the area or evidence of an intent to control it.
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3rd Circuit Adopts 'Sphere of Control' Test
The Legal Intelligencer
September 17, 2004
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