Robert Andrews, an employee of Property and Casualty Surveys, Inc. (PCSI), inspected Kathleen Wagner’s home at her homeowners’ insurer’s request to help assess renewal rates and coverage levels. After finishing the interior, he stepped into the backyard and fell on wooden railroad-tie steps built into the ground. He acknowledged he knew the steps were present peripherally, was not watching where he stepped, and conceded he likely would not have fallen had he looked down. He speculated he may have slipped on water or moss but did not inspect the steps. He received workers’ compensation benefits. Andrews and his wife, Paula, sued Wagner for negligence