Legal Opinion

Darby v. Compagnie National Air France

New York Court of Appeals

Decided June 7, 2001PublishedCited by 68 opinions

1Opinion of the Court

OPINION OF THE COURT

Rosenblatt, J.

Peter Zeiler drowned while swimming at Copacabana Beach, a public facility in Rio De Janeiro, Brazil. He and Regina Darby were guests at the Meridien Copacabana Hotel, which is separated from the beach by a four-lane public highway. The hotel marketed its proximity to the beach and encouraged guests to use it, even providing them with chairs, umbrellas, towels and a security escort service. It also furnished guests with pamphlets warning about sun exposure and crime on the beach. The pamphlets did not, however, say anything about possibly dangerous surf…

2Cases cited12 opinions

  1. Pulka v. EdelmanNew York Court of Appeals · 1976
  2. Tobin v. GrossmanNew York Court of Appeals · 1969
  3. Hamilton v. Beretta U.S.A. Corp.New York Court of Appeals · 2001
  4. Waters v. New York City Housing AuthorityNew York Court of Appeals · 1987
  5. Fuhrer v. Gearhart by the Sea, Inc.Oregon Supreme Court · 1988

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3Cited by68 opinions

  1. Espinal v. Melville Snow Contractors, Inc.New York Court of Appeals · 2002
  2. Pasternack v. Laboratory Corp. of America HoldingsCourt of Appeals for the Second Circuit · 2015
  3. The Matter of New York City Asbestos Litigation , Doris Kay Dummitt v. A.W. Chesterton , The Matter of Eighth Judicial District Asbestos Litigation , Joann H. Suttner v. A.W. Chesterton CompanyNew York Court of Appeals · 2016
  4. Pasternack v. Laboratory Corp. of AmericaDistrict Court, S.D. New York · 2012
  5. Haymon v. PettitNew York Court of Appeals · 2007

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