Jim Meseck and Dmitry Vilner recently won a motion to dismiss in a premises liability case. Jim and Dmitry’s clients were listing agents retained by a couple wishing to sell their home. The plaintiff, herself a real estate agent, alleged that she went to the home to “preview” it for a buyer. While previewing the home, the plaintiff allegedly fell through some unsecured floorboards in a bathroom and injured herself. The plaintiff sued not just the homeowners, but also Jim and Dmitry’s clients.
Jim and Dmitry successfully argued that their clients did not, as a matter of law, owe the plaintiff a duty of care either under the Colorado Premises Liability Act, section 13-21-115, C.R.S. 2017, or under a theory of common law negligence. The court agreed with Jim and Dmitry’s analysis, held that the plaintiff did not state a plausible claim for relief, and granted the motion to dismiss. This is a significant victory for real estate agents in Colorado.
