Henshaw v Chelsea DHC, LLC

Holding The court affirmed the dismissal of the plaintiff’s personal injury claim, finding that the defendants established the square opening in the fire escape was an open and obvious condition that was not inherently dangerous as a matter of law. The court further determined that the defendants maintained the property in a reasonably safe condition, and the plaintiff’s evidence failed to raise a triable issue of fact.

The court’s words

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 06285, at the official text

a condition is open and obvious if it is readily observable by those employing the reasonable use of their senses, given the conditions at the time of the accident

2026 NY Slip Op 06285, at the official text

the square opening in the floor of the fire escape was both open and obvious and, as a matter of law, not inherently dangerous under all the existing circumstances

2026 NY Slip Op 06285, at the official text