California, United States of America
The following excerpt is from Mendez v. City of Long Beach, B270627 (Cal. App. 2017):
The issue of whether a given defect is or is not a dangerous condition "usually is not a question of law, but is generally one of fact." (Fielder v. City of Glendale (1977) 71 Cal.App.3d 719, 726 [three-quarter inch high raised edge of a segment of sidewalk held on appeal to be trivial as a matter of law; jury verdict for plaintiff reversed].) Thus, "when reasonable minds may differ as to whether a given defect is dangerous the issue should be decided by the trier[] of fact and not by the court as a matter of law." (Ibid.) Stated in other words, where "'different conclusions may be reasonably drawn'" from the trial evidence, the determination of whether a condition is dangerous "'should be left
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