By The Law Offices of John Day, P.C. on Oct 21, 2024 06:04 am
Summary judgment for a landlord in a premises liability suit was reversed where the landlord had not installed a stair rail (also known as a handrail) up to code. In Franz v. Funes, No. E2023-01256-COA-R3-CV (Tenn. Ct. App. Sept. 30, 2024), plaintiff leased a residential property from defendant, who owned and built the property. The townhouse had stairs connecting the first and second floor, but the stairs only had a handrail on the bottom portion and “lacked a code-compliant handrail going the length of the stairs.” When going down the stairs one morning, plaintiff fell and injured himself. Plaintiff filed this premises liability case asserting claims for negligence and negligence per se. The defendant landlord moved for summary judgment, which the trial court granted, relying heavily on the finding that the dangerous condition was open and obvious and that defendant thus had no duty. The trial court also found that summary judgment was appropriate based on plaintiff’s comparative fault. On appeal, summary judgment was reversed.
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