Facts

WowRentals Inc. and Thomas and Deborah Johnson entered into a short-term rental agreement with Janet Captan for a vacation property. During her stay, one of her guests, Jihad Captan, tripped and fell as she was walking on a concrete pathway in the backyard, sustaining injuries due to the pathway's unevenness and general lack of maintenance. Jihad sued WowRentals and the Johnsons in San Bernardino Superior for premise liability and general negligence.

WowRentals and the Johnsons then filed a complaint against Janet Captan, alleging, among others, breach of contract and express indemnity. According to WowRentals and the Johnsons, Janet's rental agreement contained an express indemnity clause, placing responsibility on Janet for indemnifying WowRentals and the Johnsons for any injuries sustained by guests at the rental property.

Result

Both parties provided experts attesting to the height difference of the contested concrete slab. The court noted that regardless of the height discrepancies asserted between the parties, the elevation difference was not a dangerous condition given that both measurements were below 1.5 inches. As no other factors such as jagged edges or broken pieces were involved, the elevation was considered trivial. Moreover, the elevation difference was not hidden as nothing was blocking its view, and it was open and obvious. Accordingly, the court granted defendants' motion for summary judgment.