In Cohen v. State of New York , a negligence and wrongful death case was filed against the State of New York by the families of four camp counselors who were killed by a turbulent whirlpool located in a remote and relatively inaccessible "cavern-like" area of Adirondack State Park.
After a camp counselor entered the whirlpool and struggled to stay afloat, three friends followed in an attempt to rescue him. Tragically, all four young men drowned.
When the Court of Claims denied the State's motion to dismiss the case, an appeal to the Appellate Division, Third Department, followed.
The AD3 held that a landowner needn't take preventative measures to protect people from harm when there are "open and obvious conditions that are natural geographic phenomena."
Since the camp counselors knew (or should have known) of the dangers prior to entering the water, the AD3 concluded that dismissal was appropriate.
This is openly and obviously an atrocious result.
To download a copy of the Appellate Division's decision, please use this link: Cohen v. State of New York