Wal-Mart Stores, Inc. v. McClinton
In Wal-Mart Stores, Inc. v. McClinton, 631 So. 2d 232 (Ala. 1993) the plaintiff, McClinton, fell when his foot jammed against a piece of wood molding that protruded into an aisle at a Wal-Mart store.
Wal-Mart argued in McClinton that it was not liable for the plaintiff's injuries because, it claimed, the alleged defect was open and obvious.
The Court held that although McClinton saw the display cabinet, "it was not evident that he knew, or should have known, or that he appreciated, the danger caused by the fact that the cabinet and its molding protruded into the aisle." 631 So. 2d at 235.
The Court concluded that the question whether the defect was "open and obvious" was a question for the jury.