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Appellate Division, Second Department · September 16, 2026 · 2026 NY Slip Op 05297

Lawless v LIDL US, LLC

Read the official decision: 2026 NY Slip Op 05297

Holding The Appellate Division affirmed the dismissal of the plaintiff’s personal injury claim, finding that the defendants established the hazardous condition was open and obvious and not inherently dangerous. The court determined that the plaintiff failed to raise a triable issue of fact regarding the visibility and danger of the wooden pallet.

The court’s words

A property owner has a duty to maintain his or her property in a reasonably safe condition

2026 NY Slip Op 05297, at the official text

there is no duty to protect or warn against an open and obvious condition that, as a matter of law, is not inherently dangerous

2026 NY Slip Op 05297, at the official text

A condition is open and obvious if it is readily observable by those employing the reasonable use of their senses

2026 NY Slip Op 05297, at the official text

the alleged hazardous condition was open and obvious and not inherently dangerous

2026 NY Slip Op 05297, at the official text
CourtAppellate Division, Second Department
DecidedSeptember 16, 2026
Citation2026 NY Slip Op 05297
Area of lawPersonal Injury and Negligence
WeekWeek ending September 19, 2026
Official textOfficial decision: 2026 NY Slip Op 05297
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id514

Recommended citation

ESQ HQ, New York Law Watch, Lawless v LIDL US, LLC, 2026 NY Slip Op 05297 (Appellate Division, Second Department, September 16, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05297/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published September 16, 2026. Updated September 16, 2026.