The court's opinion initially observes that landlords generally have no duty to protect tenants from dangers that are open and obvious, but it then points out that such a duty exists if the landlord should anticipate the harm despite such knowledge or obviousness. The opinion concludes that a genuine issue of material fact exists in this case as to whether the association had reason to expect the tenant would encounter the spiral staircase at issue "because, to a reasonable person in her position, the advantages of doing so would outweigh the apparent risk posed by the open and obvious dangers of the spiral staircase."
The court's opinion then applies the legal doctrine of implied unreasonable assumption of risk, which involves a person's voluntary choice to encounter a risk created by another person's negligence. This doctrine reduces the negligent person's liability based on comparative fault. The opinion concludes that a genuine issue of material fact exists in this case as to whether the tenant made a voluntary choice to encounter the additional risks posed by the spiral staircase at issue (angled bottom step, insufficient color contrast between bottom step and carpet, and narrow steps).
