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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. 

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