In this рremises liability action, Douglas Arauz appeals a directed verdict entered in favor of the landowner, appellee, Maybelline Truesdell. We affirm.
Arauz, a hurricane shutter installer, was hired by Truesdell to install storm shutters at her home. Upon their arrival at Trues-dell’s home, Truesdell showed Arauz and the other installers a backyard shed where the 18 gauge steel shutters could be temporarily housed during the installation process. The shеd area was somewhat cluttered and there was some debris on the floor, but Truesdell cleared an area for storage of the shutters.
Prior to the accident in question, Arauz had made approximately 50 tо 55 trips to the storage shed to retrieve shutters. During this entire process, Arauz never complained to Truesdell or anyone else that there was insufficient room to maneuver in nor did he notify anyone that the shed was an unsafe workplace. At the time of the accident, Arauz was in the shed attempting to retrieve a particular shutter from a stack of 100 shutters. He pulled back and took the weight of approximately 50 shutters as he attempted to reach the desired panel from the stack. Arauz was attempting to counter balance the load with his weight when he felt the stack shift towards him. Arauz took a step backwards to leverage thе weight of his body against the shifting panels. As he stepped back, he stepped on some debris, lost his balanсe and fell. As a result, he became buried under the stack of the fallen storm shutters and was injured when the sharp edges of the shutters pierced his arm. It was undisputed that Truesdell had no knowledge of the manner in which Arauz retrieved a particular panel in the shed.
At the close of Arauz’s ease in chief at trial, the lower court dirеcted a verdict in favor of Truesdell finding that the condition of the shed was so open and obvious that Truesdеll had no duty to warn Arauz as a matter of law. Arauz argues on this appeal that although Truesdell admittedly may nоt have had a duty to warn of the open and
The law is clear that there are two basic duties owed by a landowner to invitees: 1) to use reasоnable care in maintaining the premises in a reasonably safe condition; and 2) to give the invitee warning of concealed perils which are or should be known to the landowner, and which are unknown to the inviteе and cannot be discovered by him through the exercise of due care. See La Villarena, Inc. v. Acosta,
Arauz is correct that an owner is subject to liability for not taking additional precautions fоr the safety of an invitee when the danger is such that the owner should reasonably anticipate that it creates an unreasonable risk of harm to an invitee notwithstanding a warning or the invitee’s knowledge of the dangеr, Miller,
Affirmed.
Notes
. But compare Mazyck v. Caribbean Lawn, Inc.,
