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Texas woman sues Fixer Upper's Clint Harp over fall at his vacation rental home

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Posted at 1:22 PM, Oct 11, 2018
and last updated 2018-10-11 14:48:29-04

A Texas woman is suing Clinton "Clint" Harp over an accident that happened at his Waco vacation rental home in 2016. 

According to the lawsuit, Tamra Rivera, from Fort Bend County, is seeking between $200,000 and $1 million in monetary relief.

The lawsuit claims Rivera had a "violent fall" during her stay at the rental home caused by an "unreasonable dangerous condition" in the home. Rivera and four other women came to Waco for the Magnolia Silobration.

The home was first renovated for Harp and his family by Chip and Joanna Gaines during season one of "Fixer Upper." The home is now used as a rental property through Airbnb. 

On Oct. 7, 2016, Rivera fell while walking down the front staircase, causing severe injuries, according to the lawsuit. 

The home has two sets of stairs. The lawsuit says one set is in "an unreasonably dangerous condition due to the defective design of the staircase." It also alleges the staircase is out of code and in violation of industry standards regarding stairways and handrails.

Texas Accessibility Standards mandates the following:

  • Handrails must be continuous throughout the staircase
  • Handrails must be provided on both sides of the staircase
  • All steps on a flight of stairs must have uniform riser heights and uniform tread depths

The lawsuit says the staircase in question violates each of these regulations.

Rivera said she used a different set of stairs at the back of the home during the entire time of her stay, until the morning of her fall.

The lawsuit says Harp was negligent for not warning Rivera of the nature of the staircase and failing to maintain the common areas of the premises in a reasonably safe manner.

"Primary unsafe conditions and/or causative factors to the incident made a subject of this matter include (a) a stairway that failed to include code-compliant handrails, and (b) stairway surface of (apparent) painted, known to be moderately slippery without any high friction surface treatment," the lawsuit reads.

The home is located next to Harp Design Co.

Both Harp and Harp Holdings, LLC, as defendants in the lawsuit filed by her lawyer, Houston-based Brant J. Stogner. Harp was served on Oct. 5.

Clint Harp is best known for his carpentry skills on HGTV’s "Fixer Upper." He premiered his own show Wood Work on the DIY Network in May.

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