Tuesday, October 25, 2011

Richardson v. The Commodore, Inc. case brief

Richardson v. The Commodore, Inc.

FACTS
-P injured at a bar when a portion of the ceiling fell on him after a remodeling took place in the very old building that put a drop ceiling below a plaster ceiling. 
-Almost 20 years had passed since inspection on the ceiling was made.

RULES
A possessor of land is subject to liability for physical harm caused to his invitees by a condition on the land if, but only if, he:
a) knows or by the exercise of reasonable care would discover the condition, and should realize that it involves an unreasonable risk of harm to such invitees, and
b) should expect that they will not discover or realize the danger, or will fail to protect themselves against it, and
c) fails to exercise reasonable care to protect them against danger.
-Knowledge of a dangerous condition is imputed to a possessor of land who has created the condition that causes the Pl.’s injury. 
HOLDING
The case was remanded for further proceedings consistent with the rule above.



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