Dick's Sporting Goods, Inc. v. Betty C. Webb

Summary

The court affirmed the reversal of summary judgment because the wet tile that caused Webb's fall was neither known nor obvious to her or to a reasonable person in her position. The store owed Webb an affirmative duty to maintain its premises in a reasonably safe condition, and whether it breached that duty was for the jury. Webb's decision to leave the mats could support comparative fault but did not justify summary judgment. Justice Scott, concurring in result only, would have retained the former open-and-obvious rule and treated the injury as resulting from a hidden defect.