Vanessa Lawson was walking along a pedestrian walkway, under scaffolding attached to River Bay Corp.'s building, when she tripped over a concrete block.
River Bay argued that the condition was an "open and obvious" hazard, and that Vanessa's negligence case needed to be dismissed.
After the New York County Supreme Court denied River Bay's request, an appeal to the Appellate Division, First Department, followed.
While an "open and obvious" condition might have negated the entity's duty to warn of the hazard, it didn't eliminate the owner's obligation to ensure pedestrian safety.
Since there were unresolved questions as to whether the impediment comprised an "unreasonably dangerous condition" which required the landlord's attention, the AD1 directed that the case continue.
Looks like the River Bay tripped up there.
To view a copy of the Appellate Division's decision, please use this link: Lawson v. River Bay Corp .