Legal Definitions - dangerous condition

A dangerous condition refers to a state of property, whether real estate or an object, that presents a substantial and unreasonable risk of injury or harm to individuals who might encounter it. This risk typically arises from a defect, disrepair, or inherent hazard that is not immediately obvious or reasonably avoidable, making the property unsafe for its intended use.

Here are some examples illustrating a dangerous condition:

• Imagine a public park where a section of the walking path has significantly cracked and uplifted, creating an uneven surface with sharp edges. This cracked path constitutes a dangerous condition because it poses a clear and unreasonable risk of tripping, falling, and injury to pedestrians, especially children or the elderly, who are using the park as intended.

• Consider a retail store where a display shelf has been improperly assembled, causing it to wobble precariously and lean heavily to one side. If items were to fall from this unstable shelf, or if the shelf itself were to collapse, it would be due to a dangerous condition. The faulty assembly creates an unreasonable risk of injury to customers browsing nearby, making the store environment unsafe.

• Think of a hotel swimming pool area where a loose drain cover in the shallow end has come partially detached, creating a gap and a sharp edge. This loose drain cover represents a dangerous condition because it presents a significant and unforeseen hazard to swimmers, particularly children, who could catch a limb or suffer a laceration, making the pool unsafe for its intended recreational use.