damion1212
Junior Member
What is the name of your state (only U.S. law)? New York
I am a landlord for an an apartment building. There is a entrance that is used to get inside of the apartment building. There was a pole 5-6 inches sticking out of the ground near the first step. I wouldn't be responsible for an injury that occurred because of the open and obvious defense, right? The injured tenant claimed that they were distracted by the bad condition(signs of deterioration) of the entrance. Would that defeat my open and obvious defense and why? Would it matter that this is the only entrance? Also I was reading that in order to prevail in one of these case there needs to a "dangerous condition". An open and obvious can't be a dangerous condition. Even if I know about it, I don't have to fix it because it is "open and obvious. I should win right.What is the name of your state (only U.S. law)?
I am a landlord for an an apartment building. There is a entrance that is used to get inside of the apartment building. There was a pole 5-6 inches sticking out of the ground near the first step. I wouldn't be responsible for an injury that occurred because of the open and obvious defense, right? The injured tenant claimed that they were distracted by the bad condition(signs of deterioration) of the entrance. Would that defeat my open and obvious defense and why? Would it matter that this is the only entrance? Also I was reading that in order to prevail in one of these case there needs to a "dangerous condition". An open and obvious can't be a dangerous condition. Even if I know about it, I don't have to fix it because it is "open and obvious. I should win right.What is the name of your state (only U.S. law)?