Association Owed No Duty of Care to Injured Guest

Facts: A condominium unit included access to a wood rooftop deck enclosed by a railing. The owner of the unit held a party on the deck. One of the party guests climbed over the railing and walked across an unimproved portion of the roof where he fell through an airshaft and was injured. The guest sued the condo association for negligence. The association asserted that the incident wasn’t foreseeable and that it owed no duty of care to the guest. The association asked a trial court for a judgment in its favor without a trial.

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