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Jones v. Lake Hickory R.V. Resort2/17/2004
. App. 346, 350, 407 S.E.2d 244, 246 (citations omitted; quoting Evans v. Rockingham Homes, Inc., 220 N.C. 253, 259, 17 S.E.2d 125, 128 (1941) and Deitz v. Jackson, 57 N.C. App. 275, 280-81, 291 S.E.2d 282, 286 (1982)), cert. denied, 330 N.C. 193, 412 S.E.2d 678 (1991), that this line of authority does not recognize the existence of a duty to undertake safety precautions unless and until the activity is "sufficiently dangerous." Differently stated, the duty exists only if "harm will likely result if precautions are not taken" by the person with general oversight over the activities. Despite injury to [a lawful visitor], the landowner does not have a duty to inspect or protect against harm where the injury is caused by "a danger collaterally created" by the negligence of another.
This Court "'may pass upon the intrinsic dangerousness of an activity as a matter of law.'" Id. at 351, 407 S.E.2d at 247 (quoting Deitz, 57 N.C. App. at 280, 291 S.E.2d at 286). In making that determination, the Court must decide whether there is a "'recognizable and substantial danger inherent'" in the activity by considering the known conditions under which the activity was carried out and the time, place, and circumstances of the activity. Id. (quoting Deitz, 57 N.C. App. at 279, 291 S.E.2d at 286). "Intrinsic dangerousness is not 'the ordinary dangerousness which accompanies countless activities when they are negligently performed.'" Id. (quoting Deitz, 57 N.C. App. at 281, 291 S.E.2d at 286).
In this case, the activity at issue was a parade of decorated golf carts traveling during the day along the Resort's road that had a speed limit of 5 m.p.h. This activity, standing alone, is not intrinsically dangerous. We cannot say that harm was likely to occur during the parade without oversight by the Resort. See Adamczyk v. Zambelli, 25 Ill. App. 2d 121, 125, 166 N.E.2d 93, 96 (1960) ("A parade is of itself not a dangerous instrumentality . . . ."). But see Morbillo v. Board of Educ., 269 A.D.2d 506, 507, 703 N.Y.S.2d 241, 242 (2000) ("Here, the school district furnished and invited the public to approach the moving floats, an activity that may be hazardous if left unsupervised.").
Further, the undisputed evidence established that the campers had conducted identical parades for many years without any injuries or dangerous occurrences. Plaintiff has pointed to no evidence that would have placed defendant on notice that hazardous conduct such as that of Michael Morris might occur at the parade. Without such notice, the golf cart parade cannot be considered sufficiently dangerous to require the defendant as the landowner to supervise the parade. The trial court, therefore, erred in instructing the jury that defendant could be found negligent based on a failure to supervise the parade.
Negligence Based on Notice of Hazardous Conduct
Alternatively, plaintiff seeks to impose liability on the Resort for its failure to stop the hazardous conduct of Michael Morris once the Resort knew or reasonably should have known of that conduct. The general duty imposed upon a landowner, such as defendant, "is not to insure the safety of his [lawful visitors], but to exercise ordinary care to maintain his premises in such a condition that they may be used safely by [lawful visitors] in the manner for which they were designed and intended." Foster v. Winston-Salem Joint Venture, 303 N.C. 636, 638, 281 S.E.2d 36, 38 (1981).
This duty is not limited to conditions on the property, but can require a landowner to protect visitors from the acts of third parties. Id. at 638-39, 281 S.E.2d at 38 (when "circumstances existed which gave the owner reason to know that there was a likelihood of conduct o
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