Broussard v. State ex rel. Office of State Buildings
113 So. 3d 175
| La. | 2013Background
- Broussard sues the State for injuries from a misaligned elevator offset 1.5–3 inches in the Tower lobby.
- Elevators periodically stopped at nonflush levels, creating dangerous offsets between elevator and lobby floors.
- Trial jury found an unreasonable risk of harm and State liability; damages reduced by fault; district court rendered $985,732.56.
- Court of Appeal reversed, holding the defect was open and obvious and not unreasonably dangerous; affirmed no liability.
- Louisiana Supreme Court reversed, reinstating the district court judgment and finding an unreasonable risk of harm and non-obvious defect.
- Elevators were component parts of the building; liability analyzed under Article 2322 and Civil Code 2317.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the offset create an unreasonable risk of harm? | Broussard | State | Yes; risk deemed unreasonable |
| Is the defect open and obvious to all? | Broussard's offset not open and obvious to all | State claimed open and obvious | Not open and obvious to all |
| Should risk-utility analysis guide duty/breach in this context? | Broussard | State | Risk-utility framework applied; breach found |
| Does open-and-obvious doctrine override comparative fault in public-building liability? | Broussard | State | Open-and-obvious does not bar recovery; comparative fault remains |
| Whether the trial court’s manifest-error review was appropriate here? | Broussard | State | Yes; jury's unreasonable-risk finding given reasonable basis |
Key Cases Cited
- Entrevia v. Hood, 427 So.2d 1146 (La. 1983) (unreasonable risk standard for building-related liability)
- Olsen v. Shell Oil Co., 365 So.2d 1285 (La. 1978) (appurtenances to building may be building parts for liability)
- Murray v. Ramada Inns, Inc., 521 So.2d 1123 (La. 1988) (open and obvious risk doctrine limits liability when risk obvious to all)
- Caserta v. Wal-Mart Stores, Inc., 90 So.3d 1043 (La. 2012) (open and obvious to all requires visibility to all entrants)
- Pryor v. Iberia Parish School Board, 60 So.3d 594 (La. 2011) (bleachers open-and-obvious discussion; duty determined by facts)
- Eisenhardt v. Snook, 8 So.3d 541 (La. 2009) (open-and-obvious in context of stairs; cautions against overexpansion)
- Dupree v. City of New Orleans, 765 So.2d 1002 (La. 2000) (premises-liability open-and-obvious and duty-breach framing)
- Reed v. Walmart Stores, Inc., 708 So.2d 362 (La. 1998) (unreasonableness of risk as mixed question of law and fact)