Low, Ball & Lynch’s

WEEKLY LAW RESUME

September 23, 2004  Issue      By: Raymond Coates

Duty - Sidewalk - Obvious Defect

Maria Martinez v. Chippewa Enterprises, Inc.

Court of Appeal, Second District

(August 26, 2026)

 

An open and obvious condition on premises may either eliminate any duty of care or constitute an affirmative defense to a claim of negligence.  This case addressed that issue.

Maria Martinez filed a complaint against Chippewa Enterprises, Inc., claiming she slipped and fell on water in a driveway in front of a building.  The water apparently was runoff from sprinklers.  It was undisputed that the plaintiff had seen the water on the driveway before she walked in it.

Chippewa filed a motion for summary judgment alleging they had no duty to warn plaintiff of the dangerous condition because it was open and obvious.  The trial court granted the motion, holding there was no duty owed to the plaintiff.  Martinez appealed.

The Court of Appeal reversed.  The Court found the trial court's decision to be legally incorrect.  The Court stated the fact that the hazard was open and obvious did not relieve the property owner of all possible duty with respect to it.  While the defendant argued that the obvious appearance of the wet pavement relieved it from a duty to warn, the Court stated that did not necessarily relieve the landowner from the duty to rectify the condition.  The Court stated the controlling principle is that, although the obviousness of a danger may eliminate the duty to warn of its existence, if it is foreseeable that the danger may cause injury despite the fact that it is obvious, there may be a duty to remedy the danger.  A breach of that duty may form the basis for liability.

In this case, the trial court's analysis was incomplete.  The trial court determined there was no duty to warn because of the obvious nature of the condition.  The trial court did not determine whether the defendant was relieved from the duty of eliminating the dangerous condition.  This involved a weighing of factors such as the foreseeability of harm, the defendant's advance knowledge of the dangerous condition, and the burden of discharging that duty.

The Court suggested that the obvious nature of the condition posed an issue of comparative fault, but did not warrant relieving the defendant of the legal burden of liability in this situation.  The Court therefore felt it was inappropriate to grant summary judgment.  The judgment was reversed.

COMMENT

This opinion clarifies the use of the "open and obvious" defense in sidewalk and premises conditions.  While the open and obvious nature of a condition may relieve a property owner of the duty to warn, it does not necessarily relieve the property owner of liability for creating the condition or allowing it to exist.

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