During the course of a visit to the Bethpage Public Library, Geraldine Beck tripped and fell over a cart.
She later sued the library, and the Bethpage Union Free School District, in Nassau County Supreme Court alleging negligence. (While Beck claimed the cart's placement created a dangerous condition, the defendants argued the condition was "open and obvious," and posed no hazard.)
When the Nassau County Supreme Court denied their request to have the case dismissed, the defendants appealed.
Because the defendants didn't support their position--that the library was "reasonably safe," and that the cart was an "open and obvious" condition which wasn't inherently dangerous--the Appellate Division, Second Department, affirmed.
Even an obvious condition can turn into a "trap" when it's obscured, or an individual is distracted. Since the evidence established that Beck's view of the cart was likely obstructed as she walked down an aisle with her husband, the appellate court thought the case needed to proceed to trial.
The AD2 sure threw the book at them.
To view a copy of the Appellate Division's decision, please use this link: Beck v. Bethpage Union Free School Dist.