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Expert: The B.O.B not likely liable for falls

7:45 PM, May 13, 2013   |    comments
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GRAND RAPIDS (WZZM) -- A local law professor says The B.O.B. likely faces no legal liability following the recent fall there, the second in a month.

Kevin Richard O'Brien, 36, from Wyoming, is in critical condition after falling four stories down a fire escape stairway early Sunday Morning. One month ago, Zachary Bunting of Grand Ledge, 21, was killed in a similar fall.

Professor Curt Benson at Cooley Law School says several aspects make it unlikely the victims would have any success if they were to sue The B.O.B.

"That's an area that's open, it's obvious, it's avoidable, a person of ordinary intelligence can avoid the danger and not put themselves in danger. The law is not going to hold the owner liable under those circumstances," said Benson, who was a litigator for 20 years before joining the Cooley faculty.

Benson said The B.O.B. might be liable if patrons were forced to use a dangerous area, but he says that condition did not exist there.

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