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
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 16, 2026 |
| Citation | 2026 NY Slip Op 05297 |
| Area of law | Personal Injury and Negligence |
| Week | Week ending September 19, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05297 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 514 |
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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