During an open house, Richard Rackowski descended a stairway leading to the basement and was injured by a hatch door.
Since the event was hosted by an independent salesperson associated with Realty USA, Rackowski sued the company and the homeowner.
Following discovery, the company's request to dismiss the case was granted by the Saratoga County Supreme Court.
On appeal, the Appellate Division, Third Department, thought that Realty had no duty to warn Rackowski of any alleged danger.
Since liability for injuries based on a dangerous property condition is based upon "ownership, occupancy, control or special use," and none of those elements applied, the AD3 concluded that dismissal was appropriate. (The company was also insulated from liability because it didn't direct or control the independent contractor's work.)
Bottom's up!
To view a copy of the Appellate Division's decision, please use this link: Rackowski v. Realty USA