Frazier v. Panera, LLC

This is a premises liability slip-and-fall case.

Frazier and her husband parked their vehicle in a Panera’s parking lot. Panera is a salad/bread/sandwich restaurant chain. They exited their car with the intent of walking into the Panera, but as Mrs. Frazier walked up onto the sidewalk, she tripped on a “weighted base” that is normally used for holding a sign in place. This base had no sign or pole inserted, so it was essentially a heavy lump on the sidewalk.

Panera moved for summary judgment, arguing that the sign base was open and obvious and, therefore, Panera had no duty to warn its invitee of the hazard. The trial court agreed and entered summary judgment against the plaintiff. She appealed.

The DCA reminds us that a landowner and occupier owes two distinct duties to invitees: (1) to give warning of concealed perils which are known or should be known to the owner, but which are not known to the invitee, and (2) to maintain the premises in a reasonably safe condition.

Here, the trial court held that the danger was “open and obvious,” not a “concealed peril,” because it was black and the sidewalk was white and it was a sunny day where the sign base would be visible if one was looking down. Frazier failed to look down as she walked. That did not matter to the DCA, which saw the issue less in terms of physical concealment and more in terms of whether the sign base was something one would normally encounter. The DCA stated:

Many cases cited by the court and Panera involving uneven pavement, traffic bumps, landscape features, and steps within business premises or residences were decided in favor of the defendant on the grounds that the conditions were a matter of common knowledge or everyday life. The same cannot be said for the weighted sign base in this case. A weighted base without a sign attached to it is not so common that people encounter it on a daily basis.