December 20, 2013

Lights out.

Practice point:   Absent a hazardous condition or other circumstance giving rise to an obligation to provide exterior lighting for a particular area, landowners are generally not required to illuminate their property during all hours of darkness.

Student note:  A landowner has a duty to maintain his or her premises in a reasonably safe condition to prevent foreseeable injuries. The scope of such duty is determined in view of all the circumstances, including the likelihood of injury to others, the seriousness of the injury, and the burden of avoiding the risk.

Case:  Assefa v. Bam, NY Slip Op 08220 (2d Dept. 2013).

Here is the decision.

Monday's issue: Apportioning responsibility for marital debt.