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)