Slip and Fall Injury - Question of Fact as to Whether the Danger was Open and Obvious
Personal Injury Slip and Fall cases can occur most anywhere. Practitioners should always detail the surrounding area where someone fell or have an investigator go to the place of the injury, take pictures and observe the area. Here, "Plaintiff tripped and fell on a step on a walkway on defendant's premises while crossing the campus during her lunch break." The question arises as to whether the danger, the step, was open and obvious.
The Court notes that "plaintiff raised a triable issue of fact whether the condition was open and obvious by demonstrating through an expert's affidavit and photographs that the color and position of the step created optical confusion." Plaintiff testified that the tree was invisible and the Court noted that was consistent with her affidavit.
Plaintiff utilized an expert and color photographs in this case to survive summary judgment. Whether it be a slip and fall case or fall on a construction site, be sure to document not only the injury but the location of the site and the hazardous condition.
The case is Buonchristiano v. Fordham Univ., 2017 NY Slip Op 00586 [146 AD3d 711] (App. Div. First Dept. Jan. 31, 2017)