Lubitz v. Wells
Superior Court of CT - 1955
- D left a golf club in his backyard. D's son was 11 and was playing in the backyard with 9-year-old P.
- D's son picked up the golf club and swung it, injuring P.
- P sued D for negligence since he left the golf club there and knew that children might play in the backyard.
- Trial court dismissed P's claim.
- CT Superior Court affirmed, dismissed P's claim.
- Can a person be held liable for negligence for risks that are not reasonably known to the person?
- A person cannot be held liable for negligence for risks that are not reasonably known to him.
- The club is not so inherently dangerous that it constitutes negligence to leave it in the backyard.
- Negligence requires reasonable knowledge of adverse risk.
- Negligence must be viewed before the injury and not after.
- At the time of conduct, was D's conduct such as to create an unreasonable risk of harm to others?