Tuesday, October 25, 2011

Knorpp v. Hale case brief

Knorpp v. Hale

Subject: Invitee v. Licensee

Pl. was killed when cutting down a tree at Def.’s house in preparation for a holiday gathering due to the tree falling on him. He was living there and considered a ‘son-in-law’ by the owners who discussed but did not ask him to cut down the tree.

Is the plaintiff an invitee or a licensee?
He is an licensee, or ‘social guest’ which is characterized as a licensee.  


-A landowner owes an invitee a duty to exercise ordinary care to protect him from risks of which the owner is actually aware and those risks of which the owner should be aware after reasonable inspection.
-The duty a landowner owes to a licensee is to not injure him by ‘willful, wanton, or grossly negligent conduct, and that the owner use ordinary care to either warn a licensee of, or to make reasonably safe, a dangerous condition of which the owner is aware and the licensee is not.”

Full Text of Case: http://www.leagle.com/decision/19981450981SW2d469_11385.xml/KNORPP%20v.%20HALE
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