Friday, October 10, 2014

Barmore v. Elmore case brief summary

Barmore v. Elmore case brief summary
F: TC directed a verdict in favor of Ds
P came to D’s home to discuss business where P and D were members of the business. During P’s visit, D’s mentally retarded son
injured P.

I: Whether P, who visited member’s house to discuss business for the benefit of the organization, had a status of an invitee or of a licensee at the time he visited the premises of Ds

R: A social guest who visits member’s house to discuss business for the benefit of the organization is described as a licensee, so the only duty that licensor bears is to warn the licensee of hidden dangers unknown to the licensee of which licensor had knowledge.
The licensee is owed the following duty of care: D must warn him any conditions D knows about but not regularly discovered by P

A: There is no question that Ds failed to warn P of the danger that their son might attack a house guest before the attack was underway. However, although they know that their son had a history of mental problems and had been hospitalized several times, and also that approx. 10 yrs before the present incident their son had been involved in what could be characterized as 2 or 3
violent incidents, the length of time which had passed would not give them reason to know that their son would engage in violent behavior at that time. Also, P had previous contact with D’s son w/o incident.

C: affirmed

Co: Duty owed by the owner of premises towards an invitee is greater than that owed towards a licensee.
Licensee: A social guest as a licensee, generally must take the premises of his host as he finds them. The owner of the premises
has a duty to warn the licensee of any hidden dangers which are unknown to his guest, of which he, the owner, has the knowledge,
and to refrain from injuring his guest willfully or wantonly.
Invitee: the owner of the premises has a duty to exercise reasonable care in keeping the premises reasonably safe for use by the invitee. There may be circumstances by which this duty is extended to include the responsibility to protect the invitee from
criminal attacks by third parties.

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