Yania v. Bigan
397 Pa. 316 · Supreme Court of Pennsylvania · 1959
Facts
John Bigan operated a coal strip mine where Joseph Yania, a business visitor, jumped from a 16-18 foot embankment into a water-filled cut (8-10 feet deep) and drowned. Yania's widow sued Bigan, alleging negligence for enticing Yania to jump, failing to warn of the dangerous condition, and failing to rescue him. The trial court sustained Bigan's preliminary objections.
Issue
Can a defendant be held liable for the death of an adult who voluntarily jumps into a known dangerous condition, based on allegations of enticing, failing to warn of an obvious danger, or failing to rescue, when the defendant did not physically cause the jump or create a legal duty to rescue?
Holding
The court affirmed the lower court's decision, finding Bigan not liable for Yania's death. It held that Yania, an adult in full possession of his faculties, voluntarily undertook a perilous act, and Bigan had no legal duty to prevent him from jumping, warn of an obvious danger, or rescue him.
Rule
There is no actionable negligence for taunting or enticing an adult in full possession of their faculties to perform a voluntary act. A landowner has no duty to warn a business invitee of an obvious dangerous condition. There is no legal duty to rescue a person in peril unless the rescuer was legally responsible for placing that person in the dangerous position.
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