Summary Judgment Obtained in a Pennsylvania Trip-and-Fall Case
We obtained summary judgment for residential renters in a trip-and-fall case. The plaintiff tripped and fell on a set of porch steps at our clients’ home while attending a barbeque, breaking her ankle. She brought claims against the homeowner. The homeowner then joined our clients, asserting claims of negligence and contractual indemnity under the lease agreement. During her deposition, the plaintiff testified that she was familiar with the poor condition of the steps, had spoken with the renters about the steps prior to her fall, and witnessed two people, an adult and a child, trip on the steps during the same barbeque event. The homeowner also testified at his deposition that it was his responsibility to repair and maintain the subject stairs. We argued that our clients were not required to indemnify the homeowners under the Perri-Ruzzi rule, and that they owed no duty to the plaintiff, a licensee, as she knew of the condition of the steps and the risks involved in using them. The court agreed and dismissed all claims against the clients.