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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Ramos v. Granajo, 822 A.2d 936 (2003)

Citation
Ramos v. Granajo, 822 A.2d 936 (2003)
Parent Document
Ramos v. Granajo, 822 A.2d 936 (2003)
Jurisdiction
Rhode Island (state)
Effective Date
2003-05-30

Full Text

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We find the plaintiff’s argument that his use of the balcony to move furniture was foreseeable and thus created a duty to “warn the tenant that this would not be a prudent way of moving furniture * $ * » †-0 ke without merit. The plaintiff offered no evidence that other tenants had used the balcony to move furniture or that moving furniture in this manner was a common practice for this type of building. As the trial justice aptly observed, the dangers of using a balcony in this fashion were “pretty obvious.” The creation of a duty to warn in this case would unduly expand the scope of the duty imposed by § 34 — 18—22(a) (2), for, as we have explained, a landlord does not ordinarily have a duty to “warn [her] adult tenants of a condition in the portion of the premises used in common by them which is obviously dangerous.” Reek v. Lutz, 90 R.I. 340, 344, 158 A.2d 145, 147 (1960).