July 17, 2021

Real property and the duty of care.

While a possessor of real property has a duty to maintain its premises in a reasonably safe condition, there is no duty to protect or warn against an open and obvious condition which, as a matter of law, is not inherently dangerous.

Morrissette v. Kismat Indian Rest., Inc., NY Slip Op 04220 (2d Dep't July 7, 2021)

Here is the decision.

Tomorrow's issue:  The doctrine of collateral estoppel.