Watch Out For That Hole That is Open and Obvious

In the case of Harris v. Hutchinson Sportsman’s Club, No. 1007 WDA 2025 (Pa. Super. Feb. 4, 2026 Stabile, J., Murray, J., and Beck, J.) (Op. by Murray, J.), the Superior Court affirmed the trial court’s entry of summary judgment under the open and obvious doctrine in a case involving a Plaintiff who crashed his bike on a road owned by the Defendant.

According to the Opinion, the Plaintiff testified that he noticed a “giant hole” in the road and attempted to avoid it as he was operating his son’s electric bike.

The Defendant moved for summary judgment, arguing that the Plaintiff was aware of the road conditions and that they were open and obvious.

The Superior Court agreed with the trial court’s finding that the Plaintiff had failed to establish a case of negligence. The appellate court noted that the trial court had properly found that the conditions on the road were open and obvious, and that the Plaintiff was aware of the conditions, thereby negating any duty on the part of the landowner to warn or protect the Plaintiff.

The Superior Court also agreed with the trial court that the Plaintiff’s inability to pinpoint the cause of his bike accident with his testimony further undermined the Plaintiff’s negligence claim.

As such, the Superior Court upheld the entry of summary judgment, finding that the Plaintiff did not meet his burden of proof on his negligence claim.

Anyone wishing to review a copy of this decision may click this LINK.


Source: The Legal Intelligencer State Appellate Case Alert (Feb. 24, 2026).

Source of image:  Photo by KBO Bike on www.unsplash.com.