Insurance Dispute Lawyer Blog
David Cox delivered four pallets of shirk-wrapped material for his employer, Southwestern Motor Transport, in June 2012. The delivery location was the Baker Distributing Company warehouse in Shreveport, Louisiana. Baker’s delivery dock did not have a dock plate. A dock plate is a metal bridge connecting a truck’s back to the loading dock. There is an empty space between the back of the truck and the loading dock without a dock plate. In addition, Cox found that the loading dock was cluttered with several objects. Due to this clutter, Cox could not use a forklift to unload the truck.
Working alone, Cox managed to get two pallets off the truck with a pallet jack but then used a dolly for the last two pallets. While attempting to get the previous pallet off the truck, Cox’s foot became wedged between the dock and the truck, causing him to fall on his back. Cox filed a lawsuit as a result of being injured.
In the lawsuit Cox alleged that this fall caused him to have permanent injuries that made him disabled. The injury resulted in Cox receiving worker’s compensation benefits. Cox filed a lawsuit against Baker, arguing that the lack of a working dock plate made the dock unreasonably dangerous, that the lack of a dock plate was not easily visible to parties making deliveries to the warehouse, and that Baker had a duty to provide a safe entrance for parties unloading at the dock.
Baker filed a motion for summary judgment, arguing that Cox was aware of the lack of a dock plate; this made the hazard open and evident to Cox, thereby insulating Baker from liability for his injuries. The trial court, concluding that the lack of a dock plate was open and obvious to individuals using the loading dock, granted Baker’s motion.
A hazard is considered open and obvious when the danger is clear to all who may encounter the hazard. Generally, a defendant is not obligated to protect against an open and obvious risk. Hutchinson v. Knights of Columbus, 866 So.2d 235 (La. 2004). On appeal by Cox, the Second Circuit Court of Appeal for Louisiana acknowledged that the lack of a dock plate was evident to anyone attempting to unload items on the warehouse dock. However, in its view, the overall condition of the dock should also have been assessed when the trial court considered Baker’s motion for summary judgment.
The Court of Appeal specifically mentioned that other relevant factors — such as the gap between the truck and the dock, the cluttered loading dock area, the inability of a forklift to maneuver the area, and the lack of assistance available to Cox — could have influenced one’s perception of the hazard. Because the trial court did not consider these additional factors, the Court of Appeal held that the decision to grant Baker’s summary judgment motion was improper. Therefore, the Court of Appeal reversed the trial court and remanded the case for reconsideration.
Louisiana law insulates premises owners from liability for injuries resulting from open and obvious hazards, showing that the owner of a building is not responsible for every misfortune that a visitor may encounter. Anyone who has suffered an injury on someone else’s property should seek an attorney experienced in premises liability to determine if the facts of the situation establish responsibility on the property owner’s part.
Additional Sources: COX v. BAKER DIST. CO., L.L.C.
Written by Berniard Law Firm
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