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Homeowner faces lawsuit over sidewalk injury

Is property owner responsible for cracked cement?

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On a bright sunny morning, as Mrs. Josephine Caloroso was walking past the home of Larry Hathaway, she tripped over a slight crack in the sidewalk and was injured. She and her husband brought this premises liability and loss of consortium lawsuit against Hathaway. They alleged negligence for failing to warn of the allegedly dangerous sidewalk condition. Evidence presented at the trial show the elevation along the edge of the sidewalk crack was from zero to 0.4 (or 7/16) of 1 inch. Purchase Bob Bruss reports online. Homeowner Hathaway argued this was a minor, normal sidewalk crack, which should not result in negligence liability for Caloroso's injury. If you were the judge would you rule homeowner Hathaway is liable for the injury to Caloroso allegedly caused by the crack in his sidewalk? The judge said no! "Persons who maintain walkways, whether public or private, are not required to maintain them in an absolutely perfect condition," the judge explained. "Where reasonable mind...