United States First Circuit

Dismissal of plaintiff's personal injury action, brought under the Federal Tort Claims Act, is reversed, where: 1) the complaint averred that there was a dangerous condition on defendant's property, described that condition and attributed it to the defendant's negligence; and linked the condition to plaintiff's ensuing injuries; 2) these allegations are sufficient to withstand the government's motion to dismiss because common sense suggests that the existence of a dangerous condition, not hidden from view, in a public area controlled by the defendant, supports a plausible inference that the defendant had actual or constructive knowledge of the condition; and thus, 3) plaintiff's complaint contains sufficient factual content to support a plausible claim for negligence against defendant.

Appellate Information

• Decided 11/04/2013
• Published 11/04/2013

Judges

• SELYA

Court

• United States First Circuit

Counsel