Owner Didn't Address Dangerous Condition in Common Area

Facts: An office tenant notified her building's manager about a dangerous condition in a common walkway. Although the manager promised to repair the walkway, it was not fixed, nor was any warning sign posted. After injuring her right foot, right arm, and both knees when she tripped on the faulty walkway, the tenant sued the building's owner, management company, and manager for negligence based on premises liability. The trial court awarded judgment without a trial in favor of all three defendants. The tenant appealed.

Decision: The appeals court reversed the trial court's ruling.

Reasoning: To succeed on a premises liability claim, a tenant must prove that: (1) the owner had actual or constructive knowledge of a dangerous condition on the premises; (2) the condition posed an unreasonable risk of harm; (3) the owner did not exercise reasonable care to reduce or eliminate the risk; and (4) the owner's failure to use such care directly caused the tenant's injury.

Here, the tenant's evidence proved that: (1) she told the property manager about the dangerous condition; (2) he admitted that others had fallen because of it; (3) he failed to exercise reasonable care when he didn't repair or warn against the dangerous condition; and (5) the condition was the direct cause of her fall and the injuries, medical expenses, and lost income resulting from it.

• Strandberg v. Spectrum Office Building, et al., June 2009