May a Pedestrian Sue if Injured Due to an Obviously Dangerous Condition?

January 12, 2024

            Homeowner associations and other landowners must maintain their property in a reasonably safe condition. An accident on a landowner’s property does not necessarily make them liable. When does the owner, perhaps you, have an obligation to warn of a dangerous condition?

RUNNING RAINWATER ON HOA PROPERTY

            Susan Nicoletti took her neighbor’s dog for a walk around the Dolphin Marine Apartments’ (“Dolphin”) complex where she lived in Marina del Ray.

            It had been raining that day. Nicoletti noticed that the rainwater had formed a current that was running down the driveway entrance to the complex. This was the entrance she normally used but there were others. Nicoletti tried to pass through the running rainwater, fell and was seriously injured. Apparently not feeling responsible for her own actions, she sued Dolphin claiming they had a duty to warn of the running rainwater by installing caution tape or other warning signs.

OBVIOUS DANGEROUS CONDITION

            Dolphin claimed that the running rainwater was an obvious dangerous condition that Nicoletti could reasonably be expected to see thus relieving them of any duty to fix the situation or warn of the flowing rainwater.

COURT RULING

            The Los Angeles Second Appellate District Court of Appeal ruled for Dolphin noting that Nicoletti could have used another entrance to the apartment complex.

            Here’s the language the court of appeal used, which seem particularly pertinent in our mountain community with frequent weather-related incidents: “The burden imposed on Dolphin to constantly monitor weather conditions and immediately install warning signals is outweighed by Nicoletti’s ability to avoid a condition she should have observed as obviously dangerous.”

            Property owners note the obligation to monitor property for dangerous conditions and warn others as necessary.

            Jim Porter is a retired attorney from the Porter Simon law firm. These are Jim’s personal opinions. Porter Simon has offices in Truckee, California and Reno, Nevada. Porter Simon’s practice areas include:  real estate, development, construction, business, HOA’s, contracts, family law, personal injury, accidents, mediation and other transactional matters. Jim may be reached at jameslporterjr@gmail.com. Like us on Facebook. ©2024