Robert E. Lavender on Negligence/Personal Responsibility

From Judgepedia

2007

• In the case of Lowery v. Echostar Satellite Corp. d/b/a Dish Network (2007) Justice Lavender concurred in the opinion of Justice Steven W. Taylor finding Dish Network was not responsible for the injuries of a customer who fell off the roof of her home while trying to repair her Dish Network satellite dish, even though Dish Network refused to make the repairs, and encouraged the customer to climb up onto the roof and make the repairs herself.

ISSUE:

In this case, the court framed the issue as whether Dish Network exposed the Plaintiff to foreseeable harm when it refused to repair the Plaintiff's satellite dish at her request, and instead encouraged her to go up on to the roof to make the repair herself.

HOLDING:

The court held that "it is beyond good sense to say that Dish Network owed Lowery a duty to protect her from the danger she encountered because of her desire to have the satellite dish repaired and her decision to climb on the roof to repair it."

REASONING:

In arriving at that decision, the court reasoned as follows:

• (1) In showing that the defendant created a danger does not, per se, justify saying the defendant is negligent, particularly where the danger is sufficiently obvious and there is no conflict in the evidence as to plaintiffs awareness of the dangerous condition.

• (2) There was no evidence tending to show circumstances that placed Dish Network customer service in a position to protect the Plaintiff.

• (3) The Plaintiff was aware of the dangers of climbing to the garage roof, but nevertheless made the choice to climb to the top of the roof to replace the satellite dish.

POTENTIAL FLAWS IN THE COURT'S REASONING: For potential flaws in the court's reasoning, see this link to the discussion page, or click the discussion tab at the top of this page.