Saturday, December 5, 2009

Condo not liabile for fall following storm

In a recent appeals court decision regarding Ravenscroft Condominium Association, the court upheld a judgment in favor of the condominum finding no liability following a slip and fall.  The  facts are very common.

Following a large snow storm, a homeowner fell in the parking lot.  She sued the association and the snow removal company for negligence.

The Court observed that condominiums have the duty to make sure that these premises are in safe condition and to advise residents of known hazards.

In this case the evidence was that association properly retained a company to remove the snow and did what it could.   There was no evidence thats is was negligent.

The key:  an association must be vigilant about safety and take all reasonable measures.  But having done that, it does not become a guarantor that someone will not fall on an ice patch after a bad storm. 

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