The Second Department determined questions of fact precluded defendant's motion for summary judgment in this slip and fall case. Plaintiff alleged the stairway where she fell was defective in that the treads were too narrow and the handrail was tight against the wall. Defendant argued the condition was open and obvious:
“A landowner must act as a reasonable [person] in maintaining his [or her] property in a reasonably safe condition in view of all the circumstances, including the likelihood of injury to others, the seriousness of the injury, and the burden of avoiding the risk” … , and must warn of any dangerous or defective condition of which he or she has actual or constructive notice … . However, “[a] property owner has no duty to protect or warn against an open and obvious condition, which as a matter of law is not inherently dangerous” … .
Here, the defendant, who relied only on the plaintiff's deposition testimony in support of her motion, failed to establish, prima facie, that the dimensions of the stairs and the position of the handrail were not inherently dangerous as a matter of law … . Rigatti v Geba, 2016 NY Slip Op 04193, 2nd Dept 6-1-16
NEGLIGENCE (QUESTION OF FACT WHETHER STAIRS AND HANDRAIL CONSTITUTED A DANGEROUS CONDITION)/SLIP AND FALL (QUESTION OF FACT WHETHER STAIRS AND HANDRAIL CONSTITUTED A DANGEROUS CONDITION)/STAIRS (QUESTION OF FACT WHETHER STAIRS AND HANDRAIL CONSTITUTED A DANGEROUS CONDITION)