December 16, 2009

Torts.

Practice point: A landowner has a duty to maintain the premises in a reasonably safe condition.

Practitioners should note that there is no duty to warn or protect against an open and obvious condition which is not inherently dangerous.

Case: Bretts v. Lincoln Plaza Assoc., Inc., NY Slip Op 08771 (2d Dept. 2009)

The opinion is here.

Tomorrow's issue: Motion practice.