Heins v. Webster County

1996

Venue: NE SC

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.

Posture: Judgment for the defendant at trial, because Heins was a licensee, not an invitee.

Issue: Should the court abolish the whole licensee/invitee distinction and simply require a duty of reasonable care to all nontrespassors?

Holding: Yes. Remanded for new trial.

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.

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.

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.