Foster v. Costco Wholesale Corp.
Annotate this CaseWhile shopping at a Costco membership warehouse store, Appellant tripped and fell over a wood pallet that had been placed in an aisle of the warehouse by a Costco employee. Appellant filed a complaint against Costco for the injuries he received from his fall. The district court granted summary judgment for Costco, concluding that Costco had not breached its duty of care because the hazard created by the pallet was open and obvious to Appellant. The Supreme Court reversed, holding (1) the fact that a dangerous condition may be open and obvious bears on the assessment of whether reasonable care was exercised by the landowner; and (2) the district court erred in granting summary judgment to Costco because questions remained as to whether the pallet was in fact and open and obvious condition, whether Costco acted reasonably under the circumstances by allowing a pallet to impede Appellant's path through the aisle without warning, and whether Appellant failed to exercise reasonable self-protection in encountering the pallet.
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