Real Estate Agent Injured By Concealed Danger While Showing Foreclosed-Upon Home.

A loan services company owned a home which had been foreclosed upon. The home had been visited by more than 100 real estate agents. One of the features was an attic that had been converted into a bonus room by a previous owner, which room was accessed by using a pull-down stairway. The home had been inspected by a licensed contractor who had listed among the 50 items needing repair:  “Stair-Remove and replace attic stair.” Three months after the inspection, plaintiff, a real estate agent, showed the home to some clients. A copy of the inspection report was on the kitchen counter. The plaintiff followed her clients up the ladder, and, just as she reached the point where she could look into the attic, a hinge broke, the ladder failed and she fell and fractured her leg. The trial court granted summary judgment in the homeowner’s favor. The appellate court reversed, finding there was evidence that created a triable issue as to whether defendants knew or should have known that the stairway was a concealed danger. Hall v. Aurora Loan Services (Cal. App. First Dist., Div. 4; April 26, 2013) 215 Cal.App.4th 1134.