July 27, 2007

Plaintiff should have seen it coming.

While plaintiff was on defendant's premises to vote in a school budget election, she allegedly fell and was injured when she failed to note the single step in a hallway leading to the gymnasium, where the voting was taking place. Plaintiff acknowledged that she had been looking at a sign on the wall just before approaching the step on which she tripped. The Second Department dismissed the complaint, in Groon v. Herricks Union Free School District, which was decided on July 10, 2007. Noting that a landowner has no duty to protect or warn against conditions which are readily observable by the reasonable use of one's senses, the court found evidence in the record, including photographs taken by the plaintiff's daughter shortly after the accident, revealing that a yellow line had been painted across the top of the step to alert passersby of the height differential, and that, adjacent to the step, there was a short ramp, allowing passersby to circumvent the step altogether.