Careful on the Stairs

Born v. Fielder involved a premises-liability claim, brought by a prospective home buyer, who fell down three stone steps while exiting the backyard through a gate during a property viewing. The buyer argued that the steps were concealed and created an unreasonable risk, but the trial court and Fifth Court disagreed, applying the rule that a premises owner “has no obligation to warn … or make the premises safe, as a matter of law” when a hazard is open and obvious.

The Court reviewed photographs submitted by the buyer (which he cited as evidence that the stairs were hidden), and concluded that they depicted “an ordinary gate in an ordinary wooden privacy fence” with steps in good condition leading down to the driveway. Other, undisputed testimony established that no other injuries had occurred on the stairs or anywhere else on the property. No. 05-25-00239-CV (Mar. 24, 2026).