After she exited a rowboat, Susan Fox tripped on some algae which covered the Central Park Boathouse's dock.
When she later filed suit, Fox claimed the algae had created an "unreasonably dangerous condition" which the Boathouse should have abated, but the New York County Supreme Court disagreed.
On appeal, Fox also had trouble convincing the Appellate Division, First Department, to see her way.
Since it's natural for algae to thrive in a lake's vicinity, and because she should have spotted the growth (since it extended some 150 feet), the AD1 was of the view the condition was an "inherent risk" of engaging in the activity.
Was Susan out-Foxed?
To view a copy of the Appellate Division's decision, please use this link: Fox v. Central Park Boathouse, LLC