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Step Class Not Inherently Dangerous

June 25, 2009

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In <i>Devorah Meisels v. Lucille Roberts Health Clubs, Inc.</i>, the plaintiff was injured when she slipped on an excercise step while participating in a step class. The plaintiff claimed that she slipped because the fuzz from a newly-installed carpet had become caught in the grooves of the step. The defendant moved for summary judgment arguing that the plaintiff testified that she first noticed the fuzz 30 minutes prior to the accident, but continued to use the step without complaint. The trial court denied the defendant's motion for summary judgment, but the Appellate Division reversed and granted the defendant's motion for summary judgment reasoning that the condition of the carpet fuzz was open and obvious and not inherently dangerous condition.
<a href="http://www.nycourts.gov/reporter/3dseries/2009/2009_05303.htm">http://www.nycourts.gov/reporter/3dseries/2009/2009_05303.htm</a>

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