AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges

ROBERT GIVENS, Respondent, v. AMSCO AUTO PARTS INC., Appellant.

Plaintiff seeks damages for injuries sustained from a fall after being growled at and chased by a guard dog at defendant's commercial premises. As a landowner, defendant owed a duty to plaintiff to maintain its property in a reasonably safe condition, but it failed to make that prima facie showing. Even where a hazardous condition — such as the pile of auto parts that plaintiff fell over — is open and obvious, relieving the landlord of the duty to warn, defendant can still be held liable for failure to maintain safe premises ( Westbrook v. WR Activities-Cabrera Mkts., 5 AD3d 69). There are also questions of fact as to defendant's knowledge and ownership of the dog.

Use AI to get other relevant cases.

Comments

GIVENS v. AMSCO AUTO PARTS INC
(Oct 19, 2004)