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 the bathroom. Stepped into an open trap door and was injured. 
Decision: Motion to dismiss is reversed, the plaintiff can continue with the 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, the plaintiff was never told he could not use the bathroom. The public had a general invitation to be at this store, so the only question is if the plaintiff had no invitation to use the 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 the 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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