Torts — open and obvious condition

Posted December 15, 2020 12:06 PM

Where a plaintiff is injured by tripping over a condition, absent darkness or an obscuring condition whether the condition is open and obvious depends on objective facts about whether it could be noticed rather than whether the plaintiff did notice it or should have been looking.The 1st District Appellate Court affirmed the decision of Cook County Circuit Judge Catherine Schneider.James Foy fell at approximately 6 p.m. on June 5, 2017, while walking along a sidewalk in the Village of La Grange (Village). Foy tripped over a …

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