Question:
We live on a privately owned (by the vaad bayit/cottages on the row) publicly accessed, wide, open outdoor stairwell (with landings). There are signs on the edges saying it’s a private throughfare, be quiet (pretty sure it says use at your own risk–last I checked anyway)
That being the case. If there is a lose stair/brick and someone trips, who is liable? Also If one of our thorn bushes sticks out far enough on the edges, who is responsible if it hasn’t been trimmed back recently if it happens to cut someone running/walking through?
Kol Tuv.
Answer:
Hello,
The ones who have liability here, would be the owners of the property. The vaad bayit isn’t the owner of the stairwell. Usually, it is one of the people living in the building who volunteers to take care of the building’s affairs. However, this will not automatically make him monetarily liable for any monetary damage that one has from the building. As a side point, for technical reasons, it will be quite difficult to be awarded money in Bais Din for the damages that you are describing.
Best wishes
