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.”

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