May 12, 2011
On Monday, I had my first chance to appear in the Appellate Division. We appealed the Law Division’s order of Summary Judgment in favor of the defendant, homeowners. Our client, the plaintiff was a social guest, who is entitled to the same knowledge as the homeowners of dangerous conditions on the property. In this case, a four-inch high threshold existed in the doorway, where one had to step-up, in order to access the basement stairs. Our expert had given an opinion that building standards require that doorway thresholds not exceed three-quarters of an inch. Do you have something in your home that could present a danger to a guest? A loose floorboard you know to avoid? A step that is higher that you know to walk over? These conditions could cause you to be liable for injuries to a guest that falls in your house. If you invite guests to your home – make sure they are aware of any tripping hazards.