Foster v. Costco Wholesale Corp.
Nevada Supreme Court
291 P.3d 150 (2012)
Stephen Foster (plaintiff) tripped over the obscured corner of a wooden pallet at a Costco store (defendant) after looking up at shelved products, testifying that while he saw the pallets generally, a partially overturned box hid the specific corner that caught his toe. Costco moved for summary judgment arguing the pallet was an open and obvious hazard; Foster countered that even an obvious general hazard could still support liability if store displays distracted him from the specific danger. The trial court granted Costco summary judgment, and Foster appealed.
Whether the distraction exception to the open-and-obvious rule imposes liability on a landowner for failing to remedy an obvious hazard's risk of harm where a business invitee could be distracted from observing or avoiding the condition and the landowner has reason to expect resulting physical harm.