Issue

Contributory negligence—fall through attic floor—open and obvious risk—failure to exercise reasonable care

Summary

Plaintiff was barred from asserting a negligence claim against defendant, who was the builder of her newly constructed home, for injuries plaintiff suffered when she was walking through her attic, stepped backward off of a plywood walkway without looking, and fell through a scuttle hole that defendant had cut into the attic floor. Plaintiff's failure to exercise reasonable care to avoid an open and obvious risk, particularly given her acknowledgment that she knew the attic floor was unsafe, contributed to her injuries as a matter of law; therefore, summary judgment was properly entered in favor of defendant.

Summary from the North Carolina Reports digest (official subject index). Read the opinion →