A mountain lodge catered to cross-country skiing enthusiasts…
A mountain lodge catered to cross-country skiing enthusiasts. Every winter, the owner of the lodge, along with his assistants, marked and groomed trails on his extensive lands. He charged a fee for a day’s use of the trails. He also supplied equipment for those who needed it and provided lodging and meals for skiers staying more than one day. A woman on her first cross-country skiing outing was striding along a groomed trail when, with a loud crack, the rotten limb of a huge oak under which the trail passed separated from the tree because of the load of ice and snow it bore. It came crashing down on top of the woman, killing her instantly. The woman’s heirs brought a wrongful death action against the lodge owner in a jurisdiction applying traditional rules for landowners and possessors of land. If the lodge owner prevails, what is the most likely explanation?