In a recent case out of North Carolina, Rash v. Waterway Landing Homeowners Association, Inc. 801 S.E.2d 375 (2017), a unit owner in a condominium complex sued the Association for negligence after she slipped and fell on a moldy wooden walkway in the complex after a night of rain. The unit owner stated that she had no knowledge that it had rained or of the slippery condition of the walkway when it was wet. She also admitted that she did not look down at the walkway as she was walking. As the unit owner admitted that she did not look down at the walkway, the trial court found she did not exercise reasonable/ordinary care or a “common sense duty” and was contributory negligent, granting summary judgment in favor of the Association.
The appellate court reversed, ruling that there was a “genuine issue of material fact as to whether the [unit owner] exercised ordinary care to protect herself from injury.”
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