Richardson v. Commodore, Inc.

599 N.W.2d 693 · Supreme Court of Iowa · 1999

Illustration of Richardson v. Commodore, Inc.

Facts

Russell Richardson was injured when a portion of the ceiling fell on him while he was a patron at a bar owned and operated by the defendants. His premises liability suit was dismissed on summary judgment, with the district court finding no evidence the defendants knew or should have known of the dangerous condition. The court of appeals affirmed this dismissal.

Issue

Did the district court err in granting summary judgment by concluding there was no genuine issue of material fact as to whether the defendants, as possessors of land, knew or by exercising reasonable care should have discovered the dangerous condition of the plaster ceiling?

Holding

Yes, the district court erred. The Supreme Court vacated the court of appeals decision, reversed the district court's summary judgment, and remanded the case for further proceedings, finding sufficient evidence to create a jury question on the premises liability claim.

Rule

A possessor of land is subject to liability for physical harm caused to invitees by a condition on the land if they knew or by the exercise of reasonable care would discover the condition, should realize its unreasonable risk, and fail to exercise reasonable care to protect invitees, which includes a duty to inspect for latent defects.

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