Mauriello v. Port Auth. of N.Y. & N.J.

In this action, the Appellate Division, First Department reiterates that whether an alleged dangerous condition is “open and obvious” must be viewed in light of the surrounding circumstances. Here, the plaintiff tripped over a metal track about 10 inches high that was installed in the floor near the baggage claim at LaGuardia Airport. The track was designed to hold luggage carts for rental. The Court adopted the plaintiff’s argument that at the time when he fell (1) there were no carts in the tracks that would have alerted passengers of the track beneath; and (2) crowds of people in the terminal obscured the tracks. Thus, the Court held that the defendant Port Authority had not demonstrated that the track was open and obvious, nor had they established that the premises were kept in reasonably safe condition. The Court cited Tagle v. Jakob, Centeno v. Regine’s Originals, and Westbrook v. WR Activities-Cabrera Mkts. for this proposition.