Was Unmarked Curb an “Open and Obvious” Danger?

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Normally, a property owner need not warn visitors of a dangerous condition that is “open and obvious.” However, as discussed in a recent Illinois personal injury case, Alqadhi v. Standard Parking, Inc., 2010 WL 4517204, it’s not always clear whether a condition is properly classified as “open and obvious.”

In Alqadhi, the plaintiff injured her knees when she was leaving the defendants’ parking garage. She tripped and fell on an unmarked 3/4-inch rise in the concrete of a wheelchair accessible ramp.

As the Court explained, one of the arguments offered by the defendants when seeking summary judgment was that the condition was “open and obvious” and thus they were not liable.

Defendants contend that “the step” was an open and obvious condition, negating any alleged duty owed to plaintiff. The open and obvious doctrine is an exception to the general duty of care owed by a landowner and in Illinois is based on the Second Restatement of Torts...

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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