Personal Injury/ Premises Liability: Would this be considered a "hazardous/dangerous condition" and why?
I have included a link to a picture of the condition. There is a porch that had a newel post on each side underneath the newel posts is a metal pipe that stands 5 1/2 inches out of the concrete slab. I guessing it might have been part of an old railing system when the house was first built. Towards the left you will see the pipe. Would that be considered a dangerous condition and why?
Attorney answers (2)
Your picture of the porch, although an important piece of evidence, is not sufficient to determine whether a dangerous condition exists. In order to determine that it would have to be proposed to either a Judge or a jury. A Judge, if aksed to do so, might determine that a dangerous condition exists as a matter of law. However, without that ruling your question is unable to be answered.
Your provided photograph does seem to depict a porch of questionable safety and if in fact someone was injured the owner of the property should be notified immediately. Secondly, depending what area of New York the property is in it should be determined if there are any statutory or code violations. An attorney should be contatcted for more details regarding the situation. 3 people marked this answer as good
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Such a condition may very well be dangerous, but under common law principles there are many factors to be analyzed to determine whether an injury arising from the condition is actionable. You should contact a lawyer in your area to discuss further details.
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