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You are here: Home1 / Negligence2 / “Wheel Stop” in Parking Lot Does Not Present an Unreasonable Risk of Har...
Negligence

“Wheel Stop” in Parking Lot Does Not Present an Unreasonable Risk of Harm

In this slip and fall case, the Second Department determined that a “wheel stop” or concrete divider in a parking lot is an open and obvious condition that does not present an unreasonable risk of harm:

While a landowner has a duty to maintain its premises in a reasonably safe manner for its patrons …, there is no duty to protect or warn against an open and obvious condition that is not inherently dangerous … . Generally “[a] wheel stop or concrete parking lot divider which is clearly visible presents no unreasonable risk of harm” … . Bellini v Gypsy Magic Enters Inc, 2013 NY Slip Op 08581, 2nd Dept 12-26-13

 

December 26, 2013/by Bruce Freeman
Tags: Second Department
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