Weiss v D&D Partners Rochester, LLC

Holding The court affirmed the denial of summary judgment, finding that triable issues of fact existed regarding whether the speed bump constituted a dangerous condition, the cause of the plaintiff’s fall, and whether the hazard was open and obvious. The court also held that the assumption of the risk doctrine was inapplicable to the premises liability claim.

The court’s words

whether a dangerous or defective condition exists on the property of another so as to create liability depends on the peculiar facts and circumstances of each case

2026 NY Slip Op 05640, at the official text

defendant's own submissions raise a triable issue of fact whether a dangerous or defective condition existed on defendant's property

2026 NY Slip Op 05640, at the official text

defendant failed to establish as a matter of law that the cause of plaintiff's fall was speculative

2026 NY Slip Op 05640, at the official text

the question of whether a condition is open and obvious and not inherently dangerous is generally a jury question

2026 NY Slip Op 05640, at the official text

application of assumption of the risk should be limited to cases appropriate for absolution of duty

2026 NY Slip Op 05640, at the official text