The Supreme Court of North Carolina recently ruled in favor of the defendant, Logan Developers, Inc., in a case brought by Debra Cullen. Cullen sued Logan Developers after she stepped backward and fell through a hole in her attic floor, which Logan Developers created for access to the air handler. As a result of the fall, Cullen sustained a concussion and broken bones. Cullen claimed she was not informed that a section of the attic flooring had been removed.
Cullen argued that Logan Developers were grossly negligent in creating the hole. Gross negligence is defined as acting with reckless indifference to the rights of others. The court determined that Cullen did not prove that Logan Developers’ actions went beyond mere carelessness or rose to the level of wantonness.
Court Overturns Negligence Claim
In its ruling, the court emphasized that people must take reasonable precautions to protect themselves from open and obvious risks. It further concluded that plaintiffs cannot recover damages from defendants who create such risks if the plaintiffs could have avoided harm by exercising due care for their own safety.
Cullen admitted that she did not look before stepping backward, despite knowing it was unsafe to step on any part of the attic that was not covered by flooring. The hole in the attic was deemed an open and obvious risk, and the court found that Cullen failed to exercise reasonable care; therefore, the Supreme Court overturned the Court of Appeals’ ruling and ruled in favor of Logan Developers.
Author Bio
Valerie Johnson
Founder
Valerie Johnson is a North Carolina personal injury and workers’ compensation attorney dedicated to helping injured and working people across the state. A board-certified specialist since 2000, she is the Immediate Past President of the North Carolina Advocates for Justice and author of North Carolina Workers’ Compensation Law: A Practical Guide to Success at Every Stage of a Claim.
