Negligence – Termite inspector does not owe duty to care to injured guest of owner whoes property was inspected

Kelly Formet v. TheLloyd termite Control Co., 2010 DJDAR 8738 (June 10, 2010).

This claim was brought by a guest on a property whose previous owner had contracted with a termite control company (defendant).  The plaintiff fell from a balcony on the property.  After his injury he filed suit against the defendant for allegedly failing to discover and disclose dry rot damage, which he claimed caused a weakening of a rail and thus the reason why he fell.  The trial court granted the defendant’s motion for summary judgment and the appeals court affirmed.  Both the trial and appeals court found that a duty was owed to the property owner not to the guest.  Moreover, the defendant could not prove whether a recommendation to hire a licensed contractor to repair the damage would result in the property owner doing so.

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