Burton worked for a marketing and merchandising company that helped new retail businesses prepare for openings. She was brought in to work at a new CVS Pharmacy getting ready for its grand opening. While unloading trucks, Burton noticed a pothole about 10 or 15 feet from the store’s back door. The pothole was approximately 1 foot wide and 2 inches deep. Burton informed her co-workers and CVS’s management of the pothole and urged everyone to exercise caution.

One week later, Burton was seriously injured when, while loading a vehicle, she stepped into the pothole, tripped, and fell to the ground. Burton filed suit against both CVS and its landlord, MDC.

CASE QUESTIONS

1. Can a property owner be liable for injuries when a dangerous condition is open and obvious? Does the owner have a duty to warn when the dangerous condition is open and obvious?

2. Can a property owner be liable for injuries when a dangerous condition is open and obvious and the injured party was well aware of the dangerous condition?

3. Does Burton’s knowledge of the dangerous condition merely raise an issue of fact as to her own comparative negligence?