A walk in the park. Not.

While walking over a flower bed in defendant's park, plaintiff tripped and fell on an elevation differential adjacent to a stone wall which separated the flower bed and the surrounding grassy area. Plaintiff sued, but the Second Department granted defendant's summary judgment motion, in Errett v. Great Neck Park Dist., which was decided on May 29, 2007. The court noted that a property owner is under no duty to protect or warn against an open and obvious condition which, as a matter of law, is not inherently dangerous.

Here, the court found that "the terraced nature of the park, including its flower beds and stone walls, did not create an inherently dangerous condition. Any elevation difference existing between the two sides of the stone wall was readily observable to those employing the reasonable use of their senses, and did not present an undue risk of harm."

The court also rejected plaintiff's affidavit in which she said that the accident was caused by inadequate illumination, since she previously had admitted that she had no difficulty in seeing the flower bed or the garden prior to the accident.