In the day to day realities of life, we all have our moments when we trip while walking. We may be checking our phones, talking to someone else, or simply day dreaming the day away when we trip on a surface or object we didn’t see. If we’re lucky, we catch ourselves; if not, we fall. Despite the thousands of trips that occur every day, most do not rise to the level of a tort claim or negligence because the thing that caused us to fall was not inherently dangerous, or the owner of the property or object had no reason to believe any danger existed. In a recent case before the Tennessee Court of Appeals, one plaintiff tried to push a claim for negligence too far, arguing that a simple feature was enough to support his negligence claim.
In this Tennessee premises liability case, R.B. was in the process of getting routine drug testing for his work when he tripped and fell on a door frame leading into the testing facility. R.B. had been in the facility before without problem, but this time around, he was talking on the phone and not generally observing where he was going, so he did not notice the door frame as he tripped. The door frame raised slightly above the ground to accommodate the door, but it was not excessive or unusual in any respect. Despite these facts and circumstances, R.B. sued the location for negligence, alleging that the frame had caused his injuries because it was unreasonably dangerous.
The testing facility, Accurate, immediately responded with a summary judgment motion. It made three arguments: (1) that R.B. could not show that the door frame was unreasonably dangerous; (2) that R.B. could not show that anyone at Accurate was on notice of a dangerous condition; and (3) that R.B. was at least 50% liable for his injuries. In support of the summary judgment motion, Accurate attached photographs of the premises and the door frame, as well as deposition testimony from its facility manager, who stated that R.B. had never had any prior problems entering the premises, nor had any other visitors.