Hopkins v. Travasos

569 So. 2d 1056, 1990 WL 174166
CourtLouisiana Court of Appeal
DecidedNovember 7, 1990
Docket89-585
StatusPublished
Cited by15 cases

This text of 569 So. 2d 1056 (Hopkins v. Travasos) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hopkins v. Travasos, 569 So. 2d 1056, 1990 WL 174166 (La. Ct. App. 1990).

Opinion

569 So.2d 1056 (1990)

Annie L. HOPKINS, Plaintiff-Appellee,
v.
Theresa TRAVASOS, Defendant-Appellant.

No. 89-585.

Court of Appeal of Louisiana, Third Circuit.

November 7, 1990.

*1057 Sandoz & Sandoz, Gordon Sandoz, II, Abbeville, for plaintiff-appellee.

*1058 Sonnier, Hebert & Hebert, Charles Sonnier, Abbeville, for defendant-appellant.

Cooper, Ortego & Woodruff, Calvin Woodruff, Jr., Abbeville, for defendant-appellee.

Before FORET, DOUCET and KNOLL, JJ.

KNOLL, Judge.

Theresa Travasos appeals the judgment of the trial court which found her strictly liable to Annie L. Hopkins for personal injuries Hopkins received when she fell through concrete steps located at the rear of one of Travasos' rental houses. The trial court awarded Hopkins $11,614.18 damages and dismissed Travasos' third-party demand against Mary Broussard, the lessee of Travasos' rent house where Hopkins was injured.

Travasos contends on appeal that the trial court erred: (1) in finding that the concrete steps presented an unreasonable risk of harm; (2) in failing to find that the lessee, Broussard, was the legal custodian of the steps; (3) in finding Travasos failed to maintain the standard of conduct of a reasonable prudent lessor; (4) in failing to find comparative fault on the part of Hopkins; and, (5) in awarding excessive damages. We affirm.

FACTS

Travasos leased her house and lot to Broussard. Travasos, the owner of approximately fifty rental houses in the Abbeville area, leased the house next door to Hopkins, Broussard's sister. On June 12, 1987, Hopkins walked to Broussard's house where she visited for a while with Broussard and another sister.

Hopkins testified that she exited Broussard's house from the rear and as she placed her weight, stipulated at trial to be in excess of 300 pounds, on the top step, the concrete steps collapsed. Although no one witnessed the accident, Broussard said she heard Hopkins scream and went to her aid. Broussard found Hopkins lying on the ground with her legs through the concrete steps. Broussard's family helped transport Hopkins to Abbeville General Hospital where she was referred to her family physician for treatment. Hopkins' two family physicians and an orthopaedist treated her regularly for the next year.

LIABILITY

Travasos contends that the trial court erroneously found her liable to Hopkins. Travasos asserts two errors in the trial court's determination of liability: (1) she was not the custodian of the leased premises; and (2) Hopkins failed to prove that the concrete steps presented an unreasonable risk of harm.

Hopkins asserted in her petition for damages that Travasos was liable to her under theories of negligence and strict liability. In its written reasons for judgment the trial court analyzed the facts under both theories of liability and concluded that Hopkins had successfully carried her burden of proof under strict liability as enunciated in LSA-C.C. Art. 2322. Implicit in the trial court's determination is a finding that it did not conclude that Travasos was negligent.

Our review of the trial court's decision is governed by the manifest error rule. Without reiterating this well known standard, we refer to Sistler v. Liberty Mut. Ins. Co., 558 So.2d 1106 (La.1990), for an excellent discussion of appellate review and the viability of the "manifest error" rule. We are aware of the manifest error rule and the constraints imposed thereby.

In Sistler, the Supreme Court also stated:

"In an action asserting strict liability as grounds for recovery, the plaintiff bears the burden of proving 1) the thing which caused damages was in the care, custody and control of the defendant; 2) the thing had a vice or defect which created an unreasonable risk of harm; and 3) the injuries were caused by a defect. LSA-C.C. art. 2317; Loescher v. Parr, 324 So.2d 441 (La.1975). These general principles are contained in LSA-CC. art. 2317, which provides: `We are responsible, not only for the damage occasioned by our own act, but for that which is *1059 caused by the act of persons for whom we are answerable, or of the things which we have in our custody. This, however, is to be understood with the following modifications.' Succeeding article 2322 then references the modifications applicable to the owner of a building: `The owner of a building is answerable for the damage occasioned by its ruin, when this is caused by neglect to repair it, or when it is the result of a vice in its original construction.'" (Footnote omitted.)

In the case sub judice, Travasos argues that the trial court erred in finding that she was the custodian of the steps.

As part of its explanation of strict liability, in Sistler the Supreme Court stated:

"Legal fault, the first element of the plaintiff's case under articles 2317 and 2322, arises out of the legal relationship between the defendant and the person or thing whose conduct or defect creates an unreasonable risk of injuries to others. Loescher, supra; Entrevia v. Hood, 427 So.2d 1146 (La.1983). The fault of the owner is based upon his failure to prevent the building for which he is responsible from causing such an unreasonable risk of injury to others. Id. Rather than the loss falling upon some innocent third person, the loss resulting from the creation of the risk falls upon the person to whom society allots its care, custody or control (guarde) [sic]. See Id. The rationale is the owner is in a better position than the innocent victim to detect, evaluate and take steps to eliminate an unreasonable risk of harm which arises from the thing. King v. Louviere, 543 So.2d 1327 (La.1989); Ross v. La Coste de Monterville, 502 So.2d 1026 (La. 1987)."

In the present case, Travasos admits that she is the owner of the premises where the steps collapsed, but she attempts to shield herself from liability by arguing that her lessee, Broussard, was actually the person who had the care, custody, and control of the steps. We disagree.

"The obligation of every property owner to answer for damages for a failure to keep his property in such condition of repair that it will not be dangerous to other persons is imposed by law, by articles 670, 2315, and 2322 of the Civil Code." Klein v. Young, 163 La. 59, 111 So. 495 (1927). See also Olsen v. Shell Oil Co., 365 So.2d 1285 (La.1979). In Klein, the Louisiana Supreme Court held that, even though the owner of a building could contractually allow another person to use the property for any particular purpose, and could regulate the rights and liabilities between the owner and contracting occupant, the owner could not by such contract evade his legal obligation to repair harm to others resulting from defects in the premises. Therefore, applying this well entrenched principle of law, we find no merit to Travasos' argument that she was not the custodian of the property at issue.

Travasos next argues that the trial court erred in finding that the concrete steps posed an unreasonable risk of harm to others.

Again referring to Sistler, our Supreme Court stated:

"The second element of strict liability requires the plaintiff prove the vice or defect of the thing is a condition which poses an unreasonable risk of harm to others. The dangerous aspect of the thing must be unreasonable. Reasonableness of the risk is determined by balancing the probability and magnitude of the risk against the utility of the thing.

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Cite This Page — Counsel Stack

Bluebook (online)
569 So. 2d 1056, 1990 WL 174166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hopkins-v-travasos-lactapp-1990.