What to do if my neighbor recently broke her hand while shopping at a residential yard sale?

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What to do if my neighbor recently broke her hand while shopping at a residential yard sale?

She tripped over bed framing, which was lying on the driveway. The occupants of the house are renters. I was wondering if the renters or if the owner of the house would be liable for damages?

Asked on July 1, 2013 under Personal Injury, Arizona

Answers:

Anne Brady / Law Office of Anne Brady

Answered 8 years ago | Contributor

The renters would be liable only if they were negligent in leaving the bed framing lying on the driveway during what I assume was a legal yard sale.  Presumably, if the neightbor was shopping the yard sale, she understood that things at a yard sale are generally scattered about.  Also, if I were representing the renters I would argue that the bed framing was open and obvious, which cancels out liability.  Certainly the homeowner did nothing negligent by renting his home to someone who had a yard sale.  I do not think your neighbor can recover against anyone in this situation.


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