Wade Clark Mulcahy LLP

<p style="text-align: justify;">In<em> <a href="https://www.wcmlaw.com/wp-content/uploads/2020/10/Taylor-v.-Lots-for-Sale-LLC.pdf">Taylor v. Lots for Sale LLC</a></em>, plaintiff fell and was injured when she stepped into a two-inch drop-off on the sidewalk in front of Lots for Sale, LLC (“Lots for Sale”). At the non-jury trial, the plaintiff presented photos of the sidewalk where she fell, including photos establishing that the drop-off existed for more than two years before her fall.  The trial court found in Taylor’s favor, and Lots for Sale subsequently appealed.</p>
<p style="text-align: justify;">In their appeal, Lots for Sale argued that plaintiff failed to present sufficient evidence that Lots for Sale knew or should have known of the drop-off. The Superior Court noted that, according to the photos, Lots for Sale had ample time to take notice of the drop-off and repair the defect. The Superior Court upheld the trial court’s ruling.</p>
<p style="text-align: justify;">This case demonstrates the importance of inspecting a commercial property and the surrounding sidewalks for potential defects. Leaving a potential defect for several years can be used against you in a future litigation.</p>
Thanks to Nicholas Wright for his contribution to this post. Please contact <a href="mailto:Haquino@wcmlaw.com">Heather Aquino</a> with any questions.