Proof that a dangerous condition is open and obvious does not preclude a finding of liability, but is relevant to the issue of the plaintiff's comparative negligence. For summary judgment, a defendant must establish that the condition was both open and obvious and, as a matter of law, was not inherently dangerous.
Karpel v. National Grid Generation, LLC, NY Slip Op 05651 (2d Dep't July 17, 2019)
Here is the decision.
