Association Not Liable for ‘Open and Obvious’ Sidewalk Defect
Facts: A townhouse-style condominium resident who was living with the owner of the unit, his mother, tripped and fell on the sidewalk in front of the townhouse. He claimed that the fall was due to the sidewalk being “uneven.” He sued the association in a premises liability lawsuit, asserting that it had been the HOA’s responsibility to fix the sidewalk. The association asked a trial court for a judgment in its favor without a trial. The trial court ruled in favor of the association.
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