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SPEED BUMP NOT OPEN AND OBVIOUS AS A MATTER OF LAW.

The Fourth Department determined defendants’ summary judgment motion in this slip and fall case was properly denied. A speed bump painted the same color as an adjacent walkway was not open and obvious as a matter of law:

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Contrary to defendants’ contention, we conclude that they failed to establish as a matter of law that the hazard posed by the speed bump was open and obvious and thus that they had no duty to warn plaintiff of a tripping hazard. It is well established that there is no duty to warn of an open and obvious dangerous condition “because in such instances the condition is a warning in itself’ “… . “Whether a hazard is open and obvious cannot be divorced from the surrounding circumstances . . . A condition that is ordinarily apparent to a person making reasonable use of his or her senses may be rendered a trap for the unwary where the condition is obscured or the plaintiff is distracted”… . “Some visible hazards, because of their nature or location, are likely to be overlooked . . . , and the facts here simply do not warrant concluding as a matter of law that the [speed bump] was so obvious that it would necessarily be noticed by any careful observer, so as to make any warning superfluous” … . Schneider v Corporate Place, LLC, 2017 NY Slip Op 03300, 4th Dept 4-28-17

NEGLIGENCE (SLIP AND FALL, SPEED BUMP NOT OPEN AND OBVIOUS AS A MATTER OF LAW)/SLIP AND FALL (SPEED BUMP NOT OPEN AND OBVIOUS AS A MATTER OF LAW)/SPEED BUMP (SLIP AND FALL, SPEED BUMP NOT OPEN AND OBVIOUS AS A MATTER OF LAW)/OPEN AND OBVIOUS (SLIP AND FALL, SPEED BUMP NOT OPEN AND OBVIOUS AS A MATTER OF LAW)

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