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Brown v. Dover Downs, Inc., 2011 WL 3907536 (Del. Super.)

Defendant filed a motion for summary judgment arguing that it did not owe any duty to plaintiff. This case arose from a slip and fall which occurred in the bathroom of defendant's hotel. Plaintiff claimed the defendant owed a duty to provide a bathmat in the shower stall in which she slipped and fell. As a matter of first impression, the court found no such duty existed as the potential danger of slipping while in the shower or bathtub was open and obvious. Further, the court found that defendant's policy of providing bathmats did not give rise to a voluntary assumption of a heightened duty in tort.


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