Sam Russ stepped into a pothole and injured his ankle. Twelve days later, he tripped on a driveway and reinjured his ankle. Russ then sued Aharon and Rivka Fried, alleging that the height of their driveway's lip was a "dangerous and defective condition."
After the Kings County Supreme Court dismissed the suit, Russ appealed to the Appellate Division, Second Department.
While a property owner has a legal duty to keep property in a "reasonably safe condition," there's no obligation to warn people of a "open and obvious" hazards." Since photographs showed that the condition wasn't "inherently dangerous" and "readily observed," the AD2 affirmed the dismissal.
Russ got Fried by the Frieds. 
To view a copy of the Appellate Division's decision, please use this link: Russ v. Fried