After suffering injuries in a fall while working in the defendants’ home, the plaintiff in a recent personal injury case before the California Court of Appeal brought causes of action for premises liability and negligence. A lower court granted summary judgment in favor of the defendant homeowners, but the appellate court reversed, finding that triable issues of fact remained as to whether there had been a hidden dangerous condition the owners should have disclosed, and whether the parties involved in the lawsuit acted reasonably.
The defendants in this case hired a licensed contractor to paint their home, and the plaintiff was an employee of this contractor. While moving a cabinet in an attic, on the second floor, the plaintiff stepped on a portion of the floor covered by a thin plastic sheet and fell 10 to 12 feet to the floor, suffering serious injuries. While he believed he had stepped onto the floor, it was in fact a poorly constructed and concealed skylight, built into the floor.