Was Unmarked Curb an “Open and Obvious” Danger?


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...

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

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.

© Howard Ankin | Attorney Advertising

Written by:


Howard Ankin on:

Popular Topics
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.