Tenant Trips Over Cement Bag in Building Lobby
LVT Number: #24607
Tenant sued landlord for negligence after she tripped, while carrying an infant, over a cement bag that was used to prop open the vestibule door in the building's lobby. Landlord claimed that it wasn't responsible because this was an open and obvious condition and not inherently dangerous. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, who appealed and lost. Tenant claimed that the cement bag was brown or tan colored, about 7 inches high, 16 inches wide, and covered in gray dust.