July 24, 2018

Discernible hazards.

A property owner has a nondelegable duty to maintain its premises in a reasonably safe condition, taking into account the forseeability of injury to others. Even if a hazard is discernible, the owner may be liable.  A plaintiff's awareness of a dangerous condition does not negate a duty to warn of the hazard, but only goes to the issue of comparative negligence.

Farrugia v. 1440 Broadway Assoc., NY Slip Op 05222 (1st Dep't July 12 2018)

Here is the decision.