Rowland v. Christian – (Premises Liability)
Rowland v. Christian, 69 Cal.2d 108, 443 P.2d 561, 70 Cal. Rptr. 97 (1968)
BY: James F. Polk – AISOL YEAR ONE STUDENT
Facts:
- Rowland was a friend over at Christian’s rental.
- Rowland went to the bathroom, the light did not work and then the faucet handle broke cutting Rowland’s hand and tendons rather badly.
- Christian said that she had already complained to the landlord of the faucet being cracked.
- Rowland sued for negligence, lost and then appealed.
History:
- Original Court (Supreme Court of California @ Burbank) issued Summary Judgment.
- On Appeals the Judgment was Reversed.
- Opinion written by Judge Peters J. (Judges Traynor C.J., Tobriner J., Mosk J., & Sullivan J. Concurring.
- Dissent was written by Burke J. with McComb J. Concurring that they would both Affirm the Judgment for the Defendant.
Issue: Is a person who enters the property of another owed the same duty of due care regardless of whether they are an invitee a licensee or a trespasser?
Reasoning: People are all owed the same duty of due care no matter what their status as entrants.
Analysis: This case is seen as an early departure from the “3-tier” system of duty.
Conclusion: Reversed on Appeals.