Rowland v. Christian case brief

Rowland v. Christian case brief summary
443 P.2d 561 (Cal. 1968)

CASE SYNOPSIS

Plaintiff, a social guest, appealed from summary judgment of the Superior Court of the City and County of San Francisco (California) in favor of defendant host, in an action to recover damages for personal injuries caused by a defective bathroom fixture in an apartment occupied by defendant.

CASE FACTS
Plaintiff social guest appealed from summary judgment for defendant host in a personal injury action. Plaintiff alleged that defendant failed to warn him that her bathroom fixtures were cracked and dangerous. The fixtures severed tendons and nerves in plaintiff's hand. The trial court granted summary judgment for defendant, following the rule that a licensee or social guest was obliged to take the premises as he or she found them, and the possessor of the premises owed a duty only to refrain from wanton or willful injury.

DISCUSSION

• The appellate court reversed the summary judgment, holding that an increased regard for human safety justified a retreat from the trial court's position. 
• The court held that a social guest such as plaintiff was entitled to a warning of a dangerous condition so that he, like the host, would be in a position to take special precautions when he came into contact with it.

CONCLUSION

The judgment was reversed on the grounds that a social guest such as plaintiff was entitled to a warning of a dangerous condition so that he, like the defendant host, would be in a position to take special precautions when he came into contact with it.

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