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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Wise v. Stonebridge Cmtys., LLC, 927 N.W.2d 772 (2019)

Citation
Wise v. Stonebridge Cmtys., LLC, 927 N.W.2d 772 (2019)
Parent Document
Wise v. Stonebridge Cmtys., LLC, 927 N.W.2d 772 (2019)
Jurisdiction
Minnesota (state)
Effective Date
2019-04-29

Other Sections in This Document (34)

Full Text

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A landlord's duty to warn tenants applies only to hidden, dangerous conditions. Oakland v. Stenlund , 420 N.W.2d 248, 251 (Minn. App. 1988), review denied (Minn. April 20, 1988). This duty is eliminated if the dangerous condition is open and obvious. White , 797 N.W.2d at 745. When determining whether a dangerous condition is open and obvious, courts use an objective determination: "the question is not whether the injured party actually saw the danger, but whether it was in fact visible." Louis v. Louis , 636 N.W.2d 314, 321 (Minn. 2001).