Rowland v. Christian - “traps.” Just because they are a...

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Rowland v. Christian 69 Cal. 2d 108 (1968) Fact: Operative Facts: A guest in an apartment, after using the bathroom, went to wash his hand. The handle broke, and caused server injuries to the plaintiff. Defendant put in a request to the landlord requesting it to be fixed, but failed to inform the guest of the problem. Issue: Whether the defendant owed a duty of care to the guest. Even if the guest did not you his eye sight to see the cracked faucet. Rule: A duty of care is required by land occupant, to keep their land in safe condition, and if there is a concealed danger that they know of, and expect the guest to come into contact with, they must warn them of the danger, otherwise they would be held as negligent. Rational: The court rationalized that, since the landlord (or tenant for this matter), is responsible for the maintenance of the land, then they are required to warn of any concealed dangers or
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Unformatted text preview: “traps.” Just because they are a invitee, or a license, they both have consent to enter, and the landlord has a duty of ordinary care to them. Holding: When a invited social guest, comes into the property and is seen to use or be in proximity of a danger, yet the danger is not easily recognizable (concealed), then the host must warn of the danger, if they know about it. Otherwise they are liable of negligence. Synthesis: Dissent/Concurrences: Dissent: Stating that, the classification of trespasser, licensee and invitee were made over years, and was made due to wisdom of the courts. Overturning them is a mistake, and going case-by-case reduces predictability. Also states that, the law then requires the owner to “hover over” their guest, to warn them about any little thing, like waz floors, or toys in unexpected places, ect ect....
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This note was uploaded on 12/20/2011 for the course TORTS 131 taught by Professor Keller during the Fall '11 term at Western State Colorado University .

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