Incident happened in Staten Island, NY where the law holds that an injured person may not recover for injuries caused by a defect (i.e., an open manhole cover) that’s “open and obvious”—the question then becomes is an open manhole cover “open and obvious” ? I would certainly think so. And for what it’s worth, a check of the New York Court data base reflects that though the family filed a Notice of Claim with NYC they never filed an actual lawsuit in the New York courts…
Incident happened in Staten Island, NY where the law holds that an injured person may not recover for injuries caused by a defect (i.e., an open manhole cover) that’s “open and obvious”—the question then becomes is an open manhole cover “open and obvious” ? I would certainly think so. And for what it’s worth, a check of the New York Court data base reflects that though the family filed a Notice of Claim with NYC they never filed an actual lawsuit in the New York courts…