Westbrook v. WR Activities-Cabrera Markets

In Westbrook v. WR Activities-Cabrera Markets, 5 A.D.3d 69 (1st Dept. 2004) the pertinent inquiry was whether an unopened single box in an aisle constituted a "tripping hazard," which the court found that it did, upon the rationale that "because it was not readily visible to customers walking through the aisles. A lone 10- to 12-inch-high box in a supermarket aisle is, by definition, easily overlooked, creating a hazard which can, and ought to, be removed."