Friday, July 11, 2014

Threshold Dangerous

The Mississippi Court of Appeals decided Dickinson v. Vandenburg, et. al located here on June 24, 2014.  The issue in the case was whether a threshold of a door which has two inches higher than the sidewalk was unreasonably dangerous.  The trial court granted summary judgment and the Court of Appeals affirmed.  It is useful to read the briefs on this case.  It looked like to me the Plaintiff had a pretty good case because there was an expert that said the threshold was in violation of building codes.  This case seems to stand for the proposition that until the property owner has an actual knowledge that a threshold is dangerous, an undamaged threshold by itself cannot be deemed unreasonably dangerous for premises liability purposes.

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