An inspection company and property management company claim a building inspector assumed risk of harm and contributed to his own injuries when the stairs at a foreclosed Glen Carbon property collapsed, causing him to fall into the basement.
Plaintiff Thomas Harpstrite filed his original complaint on April 1 in Madison County Circuit Court. He then filed an amended complaint on April 30 in order to correctly name the defendants. Truist Bank was incorrectly named as BB&T Bank, and Safeguard Properties Management LLC was incorrectly named as Safeguard Properties LLC. The suit also names GMH Inspections Inc. as a defendant.
Safeguard Properties Management answered the complaint on April 27 through attorney Richard Korn of Fox Smith LLC in St. Louis, denying liability. Korn filed a similar answer on behalf of GMH Inspections on May 3.
In their affirmative defenses, the defendants argue that Harpstrite’s own negligence contributed to his alleged injuries, including his failure to keep a proper lookout for his own safety and failure to take reasonable and appropriate precautions to protect himself from injury.
They also argue that Harpstrite voluntarily assumed a risk not created by the defendant when he agreed to inspect the home in question.
Harpstrite filed a response to Safeguard Properties Management’s answer on April 29 through attorney Andrew Toennies of Kirkendall Dwyer LLP in St. Louis. He denies each and every allegation against him.
The plaintiff filed a response to GMH Inspections’ answer on May 5, also denying the allegations raised in the affirmative defenses.
According to Harpstrite’s complaint, he claims he was inspecting a property located on Hampton in Glen Carbon on Oct. 15, 2020. While on the property, he allegedly fell into the basement when the stairs suddenly collapsed.
Harpstrite alleges the defendants should have known of the conditions. He also claims they negligently allowed the stairs to deteriorate and failed to warn him of the danger by posting a notice, sign or safety cone.
Specifically, he claims GMH Inspections have him the jobs and provided instruction. He alleges the defendant failed to properly train him or develop procedures to protect him.
Safeguard Properties Management controlled and maintained the property. Harpstrite alleges the defendant failed to properly maintain the property and keep it safe for visitors.
Truist Bank foreclosed on the property. The plaintiff alleges the defendant failed to properly maintain the property and failed to warn of the defects.
As a result, Harpstrite claims he suffered injuries to his left leg, hip and back.
Madison County Circuit Court case number 21-L-411