year one tort law case brief #7

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.