Depends on how much money you have to spend on attorneys fees. First of all, how long is that dangerous condition going to last? How many other children are potentially affected by it? Does the developer have the proper permits to construct this dangerous condition? What are the laws about dangerous conditions in new developments? All these questions and more will be best ferreted out by a real estate attorney.
So if you want the developer to put up a fence and do whatever else you want, they are only going to do it if you have an attorney pushing them hard. Is an attorney going to do this on a contingency basis for you? I would say that you have a 99.7% chance that they won't. Thus, you will have to pay them money out of your own pocket.
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Mark B. Replogle
