Experience, expertise and common sense.
Court of Appeals Takes Strict View That Snow- and Ice-Covered Parking Lot is Not Unfit, Nor Unavoidable
In Walker v Rivercrest Arms Apartments, LLC, the panel took a strict view with respect to unavoidability of a hazard as a “special aspect” that would preclude the operation of the “open and obvious” doctrine. Even accepting as a factual premise that “there was no safe path to plaintiff’s car,” the panel reasoned that he could have declined to confront the hazard “at that precise time.”
To access the full article: https://bit.ly/3znElrb