Practice point:
Although a landowner has a duty to maintain its premises in a reasonably
safe manner, there is no duty to protect or warn against an open and obvious
condition which, as a matter of law, is not inherently dangerous.
Student note: Generally, a wheel stop which is clearly
visible presents no unreasonable risk of harm and, thus, is not inherently
dangerous. The defendants made a prima facie showing that the wheel stop over
which the plaintiff tripped, which was painted yellow in contrast to the color
of the sidewalk to which it was affixed, was not an inherently dangerous
condition, and was readily observable to those employing the reasonable use of
their senses and, thus, open and obvious.
Case: Gallo v. Hempstead Turnpike, LLC,
NY Slip Op 05611 (2d Dept.
2012).
Monday’s issue: Badminton injury.
