In Bogaty v. Bluestone Realty NY, Inc., 2016 NY Slip Op 08343 (App. Div. 2d Dept. Dec. 14, 2016), the court affirmed the dismissal of plaintiff’s trip-and-fall personal injury lawsuit.
Here, “plaintiff allegedly tripped and fell over a wheel stop in a parking space at a small supermarket located in Great Neck.”
The court summarized the law:
Although 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. Generally, [a] wheel stop or concrete parking lot divider which is clearly visible presents no unreasonable risk of harm.
Applying the law, the court held:
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 that was open and obvious and not inherently dangerous. Among other things, the plaintiff testified at her deposition that she noticed the yellow cement wheel stops in the parking lot shortly before her accident