Florence v. Knight

In Florence v. Knight, 217 Ga. App. 799 (459 SE2d 436) (1995), the plaintiff, while changing the heating/air conditioning filter, stepped "onto blown insulation and fell through the attic floor." Id. Plaintiffs sued the builders of the house, alleging that they constructed the residence with the heating and air conditioning unit in the attic but without a solid flooring surface or passageway from the attic entrance to the HVAC unit. Further, plaintiffs contended that defendants covered the entire attic floor with "blown" insulation, and failed to install an electrical outlet or lighting fixture near the attic entrance, thus making it difficult to discern the "latent defect." Plaintiffs also alleged that this construction violated building codes and constituted negligence per se. Id. at 799-800. The Court held: "Even if plaintiffs could show that the (lack of a walkway and accessible lighting in the attic) was negligence per se as a violation of the building code, (they) would nevertheless be precluded from recovering because of the equal knowledge rule. Here the absence of the element of proximate cause, regardless of any building code infractions, is fatal to the Florences' claims." Florence, supra at 800.