Landlord Liable for Tripping Hazard Despite Tenant’s Prior Acknowledgment, State Appellate Court Rules

“While there was no dispute that the plaintiff saw that the platform had been removed when she returned from work during daylight hours, the jury were free to consider the plaintiff’s argument that the newly created drop to the landing was not open and obvious when she encountered it several hours later in the dark of night,” the court said.

       

“While there was no dispute that the plaintiff saw that the platform had been removed when she returned from work during daylight hours, the jury were free to consider the plaintiff’s argument that the newly created drop to the landing was not open and obvious when she encountered it several hours later in the dark of night,” the court said.