Michelle Eickhoff, Et Al. Missouri Cases

Michelle Eickhoff sued her landlords, Douglas and Rhonda Gelbach, for injuries sustained after falling down a staircase without a handrail at their rental property. The circuit court granted summary judgment for the Gelbachs on claims of general negligence, negligence per se, premises liability, and loss of consortium. The appellate court reversed and remanded, finding genuine issues of material fact regarding the landlords' retained control over the property and holding that city ordinances can define a landlord's common law duty for negligence claims. However, the court denied the claim that the landlord had a duty to disclose the ordinance, as the lack of a handrail was discoverable by the tenants.