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RE-EMERGENCE OF OBVIOUSNESS DEFENSE POST-BROUSSARD
Published on: November 6, 2014
In Rodriguez v. Dolgencorp, LLC, 2014 -1725 (La. 11/14/14), the plaintiff alleged that a “maze of shopping carts” in the defendant’s parking lot created an unreasonable risk of harm such that defendants should be liable for the injuries sustained after the plaintiff’s left foot came in contact with one of the carts. The defendant filed a motion for summary judgment after the plaintiff admitted that she saw the offending shopping cart prior to her fall. In reversal of the lower courts, the Louisiana Supreme Court opinion stated: “Courts have recognized that the mere presence of obstacles in a store, such as shopping carts, does not create an unreasonable risk of harm when the condition is open and obvious.” The opinion cites the Court's recent decision in Bufkin v. Felipe’s Louisiana, LLC, 2014-0288 (La. 10/15/14) which appears to have softened the perceived impact of Broussard v. State of Louisiana, 2012- 1238 (La. 4/5/13).
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