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Open and Obvious v. Inadequate Lighting: Singerman Revisited?

Premises Liability / June 14, 2022

 [S]teps and differing floor levels, such as uneven pavement, “are not ordinarily actionable unless unique circumstances surrounding the area in issue made the situation unreasonably dangerous.” Vroman v The Dessert Oasis, LLC, unpublished opinion per curiam of the Court of Appeals, issued June 9, 2022 (Docket No. 357179), p 3 (emphasis in original). 

“[A] reasonable person can expect to encounter a step at the threshold of a storefront.” Id. 

“Because the condition is not unusual and is to be anticipated by a reasonable person, the allegedly poor lighting had no impact on whether the step was open and obvious.” Id.

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