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Look, But Don’t Trip: Damaged Parking Lot Open and Obvious and Plaintiff Knew It

Premises Liability / May 18, 2022

Diperna v Giuseppe Mainella and Filippo Mainella demonstrates that a plaintiff’s familiarity with an alleged defective area can be used against them to show that the defect was open and obvious. The open and obvious doctrine relies on whether an average person would have discovered the defect upon casual inspection based on the objective nature of the condition of the premises.

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