Venue: |
NE SC
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Facts: |
Roger Heins is going to visit his daughter who works at the hospital,
and maybe make plans to play Santa there. When leaving, he
slips and falls. |
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Posture: |
Judgment for the defendant at trial, because Heins was a licensee,
not an invitee. |
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Issue: |
Should the court abolish the whole licensee/invitee distinction and
simply require a duty of reasonable care to all nontrespassors? |
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Holding: |
Yes. Remanded for new trial. |
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Rule: |
The licensee/invitee distinction leads to absurd results: we should
have one duty of care to all lawful visitors, and the foreseeability
of the injury should be the controlling factor. |
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Reasoning: |
Recovery shouldn't be a matter of chance: if he'd been there to
visit a patient, or to buy a soda, he'd have prevailed. Because
he was there to visit his daughter, he loses. Someone's life
and welfare don't become less worthy of protection because
of the purpose of a lawful visit. The special immunity conferred
by the licensee/invitee distinction is antiquated, and doesn't
make sense any more. Lots of other jurisdictions are abolishing
it, too. |
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Dicta: |
(Dissent) This court shouldn't be creating liability where the law
doesn't specify it, and shouldn't be socializing the use of privately
owned property. |
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