Favreau v. Miller, 591 A.2d 68 (1991)

Citation: Favreau v. Miller, 591 A.2d 68 (1991)
Parent Document: Favreau v. Miller, 591 A.2d 68 (1991)
Jurisdiction: Vermont (state)
Effective Date: 1991-03-29
Original Source: https://www.courtlistener.com/opinion/1996620/favreau-v-miller/ ↗

Full Text

1,136 chars

Plaintiff, however, insists that the final two paragraphs quoted from the charge contradict the general rule and introduce the concept of “assuming the risk.” We disagree. The court sought to define the key terms in its charge. Thus, “[something is unreasonably dangerous when it has a tendency to cause injury beyond the degree ordinarily to be expected by a reasonably prudent and knowledgeable user.” What degree of danger is “ordinarily to be expected” of a stairway? This, of course, depends on the circumstances. Where the stairs, leading to an attic bedroom, are visibly steep and short of headroom, the reasonably careful user would expect to travel them in a somewhat different manner than she would the stairs to a hotel lobby. If they are not unreasonably dangerous — even though they are steep and wanting headroom — then the landlord cannot be liable for the tenant’s injuries. Whether they are unreasonably dangerous is a question for the jury. The last paragraph of the quoted instructions states this principle. The jury was not given the impression that a tenant may assume the risk of treasonably dangerous conditions.

Other Sections in This Document (106)

Full Text