In Benjamin v. Trade Fair Supermarket, Inc., the plaintiff allegedly tripped over boxes left in the meat aisle. The defendant moved for summary judgment arguing that the boxes were open and obvious. The lower court denied the motion.
The Second Department reversed holding that a landowner does not have a duty to protect or warn against an open and obvious condition which is not inherently dangerous. Moreover, the Appellate Division found that a condition is open and obvious if it is “readily observable by the reasonable use of one’s senses.” The Court concluded that boxes left in a supermarket aisle were not inherently dangerous.
Thanks to Georgia Stagias for her contribution.