In many Tennessee personal injury cases, the duties of one party to another are clearly defined. For instance, a landlord owes specific duties to a tenant, and a doctor owes certain duties to a patient. In other circumstances, however, the exact duties owed by one party to another are not concretely established and must be determined by reviewing the actions of the parties and the promises made. This was the case in a recent home inspector lawsuit reviewed by the Tennessee Supreme Court.
In this home defect case, D.U. sought to buy a home in Franklin, Tennessee. With the help of his brother, he hired a home inspector to inspect a possible home. The home inspector noted issues with some flooring on the deck of the home but did not report any other problems. The home owners agreed to replace the deck flooring and did so prior to the sale. Shortly after D.U. purchased the home, he hosted a party at his house. C.G. was on the deck of the house when the railing against which he was leaning collapsed, causing C.G. to fall and resulting in severe injuries. C.G. originally sued D.U., the previous home owner, the contractor who repaired the flooring, the home inspector, and the home inspection franchise. Eventually, the case was reduced to claims against the home inspector and the home inspection franchise.
C.G. alleged negligence against the home inspector for failing to exercise reasonable care in conducting his inspection and failing to notice the problems with the deck railing, including that it did not meet building inspection codes. Shortly after discovery was completed, the home inspector and his franchise moved for summary judgment, arguing that as a matter of law, they did not owe a duty to a third party like C.G. The trial court agreed and granted summary judgment. The Court of Appeals agreed and affirmed the lower court’s decision. C.G. then appealed.