On March 20, 2017, Bradley Lawrence of K/M’s New York City office, obtained summary judgment in favor of a national retail chain in a premises liability case venued in Nassau County, New York. The plaintiff alleged personal injuries as a result of coming into contact with a metal hook located on a display rack, which was situated in an aisle of the defendant’s store. The plaintiff alleged that the defendant caused the accident by permitting a dangerous condition to exist in the store and by failing to remedy it.
Mr. Lawrence argued that hooks and display racks are open and obvious, and not inherently dangerous. As a result, the defendant did not have a duty to warn the plaintiff of the alleged condition.
Judge Robert A. Bruno, J.S.C., who decided the motion on the papers, sided with Mr. Lawrence and the defendant, holding that the metal hook and rack at issue were open and obvious and not inherently dangerous, as a matter of law. The decision was based on the testimony of the plaintiff and the defendant store manager, as well as on a plethora of factually analogous New York State cases.
For further information about the law and facts of this case, please contact Bradley R. Lawrence, Esq. at (732) 781-1321 or email@example.com.