Rowland v. Christian

Facts

Rowland alleged that about November 1, 1963, Christian told the lessors of her apartment that the knob of the cold water faucet on the bathroom basin was cracked and should be replaced. On November 30, 1963, Rowland entered the apartment at Christian's invitation as a social guest. While he was using the bathroom, the porcelain handle of one of the faucets broke in his hand, severing tendons and the medial nerve in his right hand. He alleged that the fixtures were dangerous, that Christian knew of the dangerous condition, and that her negligence caused his injuries. His affidavit added that just before the accident he told Christian he was going to use the bathroom. It also said that she had known of the crack for two weeks, had warned the building manager, and had said nothing to him about it, and that nothing had been done to repair it. The complaint did not say whether the crack was obvious to an ordinary inspection or concealed. Rowland sought medical and hospital expenses, lost wages, damage to his clothing, and $100,000 general damages.

Issues

1. Should the common law classifications of trespasser, licensee, and invitee continue to fix the duty a possessor of land owes to persons injured on it?
2. Was summary judgment proper when the guest could establish that the host knew of a concealed dangerous condition, should have expected the guest would not discover it, and neither repaired it nor warned him?

Holding

The court declined to follow the rigid trespasser, licensee, and invitee classifications; status may, in light of the facts giving rise to it, have some bearing on liability but is not determinative. On the summary judgment record the court had to assume Christian knew the handle was defective and dangerous, the defect was not obvious, and Rowland was about to touch it, and she undisputedly neither repaired it nor warned him, so the trier of fact could reasonably conclude she was negligent. Summary judgment for Christian was improper.