Thursday, December 3, 2015

Campbell v. Weathers case brief

Campbell v. Weathers case brief

Facts: Defendant operated a lunch counter and cigar stand. Plaintiff entered front part of premises and without buying anything went to the back to use bathroom. Stepped into an open trap door and was injured. 
Decision: Motion to dismiss is reversed, plaintiff can continue with case. 
Reasoning: First is plaintiff a trespasser, licensee, or an invitee? Plaintiff has stopped at this place multiple times, a place that sells cigar and beer. However plaintiff was never told he could not use bathroom. Public had a general invitation to be at this store, so only question is if plaintiff had no invitation to use bathroom since he did not buy anything. Here the plaintiff is an invitee but a person who had no intention of ever becoming a customer cannot be held to be an invitee which means defendant gets no benefit. 

Holding: An invitee is given a higher duty of care to keep safe because it is to defendant’s benefit that the invitee is on the premises. 

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