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Bassford Remele is a full service litigation firm located in Minneapolis, Minnesota. Founded in 1882, the firm represents local, national and international clients in all areas of civil litigation and dispute resolution.
Case Law Update
Date: April 11, 2008 — Minneapolis, MN
During the week of April 11, 2008, the Minnesota appellate courts released an opinion on the following topic that may be of interest to our clients:
TORTS – APPLICATION OF HEIGHTENED DUTY OWED TO CHILD TRESPASSERS; DUTY TO PROTECT OWED BY HOMEOWNER TO CHILD VISITING WITH PARENT
- The heightened duty of care owed to child trespassers does not apply to a child visiting a private residence accompanied by a parent.
- A landowner’s duty of reasonable care does not require homeowners to protect a visiting child accompanied by a parent from the dangers posed by ordinary household objects.
A parent and child were visiting the home of family friends when the child climbed a bookcase, causing it to fall on him. The child’s father claimed the homeowners were negligent in failing to secure the bookcase and in failing to warn the child of the danger posed by the bookcase. The homeowners argued they owed no duty to protect the child. The district court granted summary judgment in favor of the homeowners and the Minnesota Court of Appeals affirmed.
The Court of Appeals held that the homeowners did not owe a duty to protect the child from harm because the incident causing the child’s injury was not foreseeable. The presence of the child’s mother and her paramount duty to provide for her child’s safety was central to the Court’s determination. Additionally, the Court noted that the bookcase causing the injury was a common household object. The Court was careful to limit its conclusions to the circumstances of this particular case, and clearly stated it was not holding that landowners can never have a duty to protect children on their premises.
Foss v. Kincade, A07-313, (Minn. Ct. App. 4/8/08).
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