Hersh v. E-T Enters., Ltd. P’ship

Plaintiff fell down a staircase in a commercial parking lot that lacked handrails. Plaintiff filed a negligence action against Defendants, who constructed and maintained the stairs, asserting that Defendants were prima facie negligent because a local ordinance legally required the installation of at least one handrail. Defendants asserted that the missing handrail was an open and obvious danger, and therefore, Plaintiff was barred as a matter of law from recovering any damages. The circuit court granted summary judgment to Defendants, finding no actionable negligence because Defendants had no duty of care toward Plaintiff. The Supreme Court first abolished the open and obvious doctrine and then reversed the circuit court's orders in this case, holding (1) if a hazard is open is obvious on premises, it does not preclude a cause of action by a plaintiff for injuries caused by that hazard; and (2) instead, a jury may consider the obviousness of the hazard in determining the comparative negligence of the plaintiff against that of the owner of the premises. Remanded. View "Hersh v. E-T Enters., Ltd. P'ship" on Justia Law