Not a dangerous condition
Now consider a person who enters leased nonresidential property and wants to look inside the building . Next to the building, below a window, stands a vat of acid maintained by the business authorized to operate on the leased premises.
The vat is covered with plywood for the purpose of keeping out dirt and dust . In order to see through the window, the person climbs up and steps onto the plywood cover which immediately collapses. The person falls into the vat, suffering injuries.
The injured person attempts to recover money from the landlord for losses resulting from his injury.
Here, the landlord is not liable for the person’s injuries since the vat is not a dangerous condition that presents a risk of harm.
The vat of acid is an integral part of the business run on the leased premises and is not a danger to any person who conducts himself with care around the vat. Thus, the injured person undertook the risk of harm to himself by climbing on top of the vat and creating the dangerous situation leading to his injuries. [Bisetti v . United Refrigeration Corp. (1985) 174 CA3d 643]
Now consider a person who enters leased nonresidential property and wants to look inside the building . Next to the building, below a window, stands a vat of acid maintained by the business authorized to operate on the leased premises.
The vat is covered with plywood for the purpose of keeping out dirt and dust . In order to see through the window, the person climbs up and steps onto the plywood cover which immediately collapses. The person falls into the vat, suffering injuries.
The injured person attempts to recover money from the landlord for losses resulting from his injury.
Here, the landlord is not liable for the person’s injuries since the vat is not a dangerous condition that presents a risk of harm.
The vat of acid is an integral part of the business run on the leased premises and is not a danger to any person who conducts himself with care around the vat. Thus, the injured person undertook the risk of harm to himself by climbing on top of the vat and creating the dangerous situation leading to his injuries. [Bisetti v . United Refrigeration Corp. (1985) 174 CA3d 643]
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