No recovery for fall down defective stairway: "open and obvious hazard"
The Plaintiff in this case filed suit after falling down the defendant's stairway. The plaintiff was a business visitor, or "invitee" when he fell. He documented that the stairs did not comply with the building code, with an unusually narrow second step and a difficult-to-grab wide handrail. He claimed that as he was grasping the handrail he did not notice the narrow step and fell. Architects confirm that irregular stairs are a very common cause of falls, however, the Court concluded that the defects established by the plaintiff were not sufficient to create a duty on the part of the landowner to eliminate the danger. The case is Bermudes v. Reynoso.