Practice point: The open and obvious nature of an obstacle negates the property owner's duty to warn, but not the duty to ensure that the property is reasonably safe.
Practitioners should note that plaintiff's recognition that she knew the obstacle was there, and had even warned another person to be careful of it, does not preclude a finding of liability.
Case: Lawson v. Riverbay Corp., NY Slip Op 05683 (1st Dept. 2009)
The opinion is here.
Tomorrow’s issue: Expert testimony.
