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Known Problem Area Creates Question of Fact for Jury

Premises Liability / January 29, 2021

Loude v Iron Street Properties, LLC confirms the scope of “fit for its intended purpose” as a narrow one. Whether the area was walkable after the incident is immaterial to the fitness of the area at the time of the fall.

Additionally, circumstantial knowledge of dangerous property conditions creates a question of fact regarding whether an area was unfit for its intended purpose. Even when reasonable measures are taken, such as salting the night and morning before a fall on ice, knowledge of a known “problem area” creates a heightened duty of inspection and mitigation.

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