Nature of the Case
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Facts
P was visiting Maine and her sister, Colleen Blevins, had rented a cottage owned by Aline and Rheal Caron (D) with the rental agreement brokered by Morton (D). Morton was permitted to rent the cottage so long as they continued to show it for sale. Ds also agreed that the renters would not have access to the cottage's attic, which was used to store personal items. Morton had permission to unlock the attic trapdoor to show the attic to potential buyers of the cottage. Blevins rented the cottage for two weeks with the understanding that no one was going to come in and clean the cottage premises on a daily basis or do any structural work on the cottage during their rental. Morton (D) supplied the linens for the users of the cottage; arranged for trash removal (and snow removal for winter occupants); supplied toiletries and general household supplies; and was responsible for cleaning the cottage after checkout. The renters were not to use the phones to call long-distance, and Morton (D) collected sales tax from Blevins at a rate of 7% for her use of the cottage. The attic trapdoor was open and not padlocked. The family had not been told by Morton (D) that the attic area of the cottage was unavailable for their use. P went partway up and when descending lost her balance, and fell off of the staircase and onto the floor. Caron (D) designed and built the staircase himself. There were no guard or handrails. P sued Ds for negligent design and a dangerous condition and breach of express and implied warranties that the premises would be fit for human habitation and occupancy and would be fit for the purpose of a vacation rental property. Ds filed a motion for summary judgment. It was granted. The court reasoned that no duty was owed because P had exclusive possession and control as a lessee. P appealed.
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