Friday, December 23, 2016

Wheel stops and liabiity.

While a landowner has a duty to maintain its premises in a reasonably safe manner, there is no duty to protect or warn against an open and obvious condition that is not inherently dangerous. As a matter of law, a clearly visible wheel stop or concrete parking lot divider presents no unreasonable risk of harm,

Case:  Bogaty v. Bluestone Realty NY, Inc., NY Slip Op 08343 (2d Dep't December 14, 2916)

Here is the decision.

Tuesday's issue:  Termination of an action within the meaning of CPLR 203(e), and punitive damages.