Maria Jilma Rivas-Chirino was injured while visiting Prospect Park Zoo's baboon exhibit.
The viewing area, which simulates a jungle, had an uneven concrete bleacher situated between two staircases. Rather than exiting by way of a staircase, Maria stepped down on the row beneath her and fell because there was a crack or a missing portion of the structure.
After the Kings County Supreme Court refused to dismiss the case, the Wildlife Conservation Society appealed to the Appellate Division, Second Department.
While a landowner usually has a duty to maintain its property, when there is an "open and obvious condition" which isn't "inherently dangerous" or when the condition involves "common sense," a landowner doesn't have an obligation to warn or protect.
Since this particular condition was readily apparent, the AD2 was of the view Society had no obligation to safeguard Maria against the perils extant.
Now how wild was that?
To view a copy of the Appellate Division's decision, please use this link: Rivas-Chirino v. Wildlife Conservation Society