Readily Observable (NY)
In a recent decision, Williams v. E And R Jamaica Food Corp., the Second Department held that ” a condition is open and obvious if it is ‘readily observable by those employing the reasonable use of their senses, given the conditions at the time of the accident.” The Appellate Court granted defendant’s appeal in matter where plaintiff sustained personal injuries as a result of tripping and falling on a rolled up mat in the supermarket. The Appellate Court held that the defendant established entitlement to summary judgment by submitting evidence that the rolled-up mat was known to plaintiff prior to the accident as it was open and obvious, and thus was not inherently dangerous. Thanks to Marium Sulaiman for her assistance with this article. Should you have any questions, contact Tom Bracken.
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