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| Originally Posted by J_9 Judy, wouldn't this be a case of Open & Obvious? By that I mean that the pole is out in the open and it is painted orange so as to attract attention.
I had a case once where a person tripped over a rather large crack in the sidewalk, the crack, although she did not see it, was considered open and obvious. |
Right, that's it - you can call it open and obvious (which it is sometimes called), "what would a prudent person do/notice." And a large crack in the sidewalk is pretty much the same thing - 200 people a day walk into a Post Office. One person hits the crack and falls. All the other prudent persons noticed -
And these slip and fall cases (cracks in sidewalk) have become very, very difficult to win, at least in NYS because a lot of the insurance companies are hinging their arguments on this "prudent person" theory.
I'm by no means saying I agree - I think OP may think I'm being difficult - I'm just telling it like I see it, like I work it, what I see. The average person probably sees two, maybe three, slip and fall accidents, maybe one or two people who sideswipe a mailbox, whatever, in a lifetime. I see probably two or three a week.
The number of dog bites and kids on bikes hit by cars is probably four times that.
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