Duty to Maintain Property May Exist Even with Open and Obvious Dangerous Condition
Even with an open and obvious dangerous condition, there may still exist a duty to maintain the property and repair that same condition. In Middleton v. Don Asher & Associates, Inc., 44 Fla.L.Weekly D301d (Fla. 5th DCA 2019), the plaintiff was a unit owner in a condominium for 15 years. She slipped and fell while she was walking on the condominium’s premises. In particular, she slipped and fell on a sidewalk that contained uneven joints between two concrete segments. She sued her condominium association and property manager for negligence in a premise liability action. The sidewalk was apparently a common element required...
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