Kimberly Sheridan, Michael Becker and law clerk, Turner LaFiandra-McCall (Atlanta, GA) (Premises Liability) obtained Summary Judgment in the State Court of Hall County, Georgia. Plaintiff fell down Defendants’ stairs and alleged that the stairs posed a hazard.
The Plaintiff filed suit on a premises liability theory, claiming that she sustained injuries after falling down the stairs at Defendant’s Airbnb rental. In her deposition, Plaintiff stated that she took off her shoes and socks and walked up the stairs barefoot after entering the house, admitting they she placed her feet on each step and looked at the steps while walking up them with her luggage. When descending the stairs, Plaintiff did not use the handrail, lost her footing approximately halfway down and fell. Plaintiff alleged that the stairs were a static hazardous condition in that they were too steep and not compliant with building codes, alleging in her complaint only that there was “…a dangerous condition (to wit: unsafe stairs).” Plaintiff also paid an expert to inspect the stairs and draft a report.
First, the Defense argued that that Plaintiff was on notice of any alleged hazard because she traversed the stairs prior to her fall. Second, the Defense argued that the Plaintiff could not maintain her claim because there was no evidence the Defendants had knowledge of an alleged hazard. Third, the Defense argued that there was no competent evidence on whether a hazard existed. Last, the Defense argued that an alleged hazard was open and obvious to the Plaintiff. There is no duty to warn of the obvious.
The court granted the motion and entered Judgment in favor of the Defense.