April 26, 2011

Landowner's duties.

Practice point: The fact that a defect may be open and obvious does not negate the duty to maintain the premises in a reasonably safe condition, but may raise a question as to plaintiff's comparative negligence.

Students should note that whether a dangerous condition exists on real property, making the landowner liable, is generally a fact question for the jury.

Clark v. AMF Bowling Ctrs., Inc., NY Slip Op 03016 (2d Dept. 2011).


Tomorrow's issue is the emergency doctrine.