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WHEEL STOP WAS OPEN AND OBVIOUS AND NOT INHERENTLY DANGEROUS.

The Second Department determined the wheel stop was an open and obvious condition which can not be the basis for liability in a slip and fall case:

While a property owner 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 which is not inherently dangerous … . “A wheel stop or concrete parking lot divider which is clearly visible presents no unreasonable risk of harm” … .

Here, the defendant … established its prima facie entitlement to judgment as a matter of law by submitting, inter alia, the plaintiff’s deposition testimony and photographic evidence demonstrating that the plaintiff tripped when her foot came into contact with a wheel stop, which was open and obvious and not inherently dangerous, as she attempted to step over it on the way to her car … . Lacerra v CVS Pharmacy, 2016 NY Slip Op 06474, 2nd Dept 10-5-16

NEGLIGENCE (WHEEL STOP WAS OPEN AND OBVIOUS AND NOT INHERENTLY DANGEROUS)/SLIP AND FALL (WHEEL STOP WAS OPEN AND OBVIOUS AND NOT INHERENTLY DANGEROUS)/WHEEL STOP (WHEEL STOP WAS OPEN AND OBVIOUS AND NOT INHERENTLY DANGEROUS)

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