Lewis v. Circle K Stores, Inc. (Fourth Circuit Premises-Liability Summary-Judgment Reversal)
The Fourth Circuit reversed summary judgment for Circle K Stores Inc. in a South Carolina premises-liability suit, holding that a jury, not a judge, should decide whether a parking-lot surface an employee had just cleaned with water and concrete cleaner was truly 'open and obvious,' and that expert testimony was not categorically required to prove the wet surface caused the plaintiff's fall. Judge J. Harvie Wilkinson III wrote the panel opinion, joined by Judges Julius N. Richardson and Toby Heytens.
Why it matters
Narrows a defense — 'open and obvious' hazard — that commercial property owners and retail operators rely on constantly to defeat premises-liability claims at summary judgment, particularly where an employee created the condition and an internal safety policy calling for a warning went unfollowed. Owners, operators, and insurers should revisit maintenance and cleaning protocols with an eye toward documented compliance, not just written policy.
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