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Motion to Dismiss Granted in Premises Liability Case: Court Finds Listing Agents Owed No Duty of Care

December 2017

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.

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