South-Western Legal Studies in Business

Tenant Who Trips On Open and Obvious Hazard May Not Sue Landlord for Damages
Description Appeals court held that when a tenant left the sidewalk to go on the grass, and tripped on an exposed drainage pipe, there could be no suit against the landlord for negligence. The pipe was an open and obvious danger, and the tenant voluntarily left the sidewalk.
Topic Real and Personal Property
Key Words Premises Liability; Negligence; Voluntary Departure; Open and Obvious Condition
C A S E   S U M M A R Y
Facts Chamblee rented an apartment from Grayco. When she walking from her apartment to where her car was parked, she left the sidewalk to cut across the grass. She tripped over an exposed drainage pipe and suffered injuries. She sued Grayco for negligence. The trial court granted summary judgment for Grayco. Chamblee appealed.

Affirmed. The voluntary departure rule applies here to preclude recovery. Chamblee voluntarily left the sidewalk and fell on the exposed drainage pipe. The pipe was an open and obvious condition that Chamblee should have observed when she decided not to stay on the sidewalk. She voluntarily assumed the risk of leaving the safe sidewalk as the way to get to her car.

Citation Chamblee v. Grayco, ---S.E.2d--- (2004 WL 415875, Ct. App., Fa., 2004)

Back to Real and Personal Property Listings

©1997-2003  SW Legal Studies in Business. All Rights Reserved.