Lubitz v. Wells

Superior Court of CT - 1955

Facts:

• 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.

Procedural History:

• Trial court dismissed P's claim.
• CT Superior Court affirmed, dismissed P's claim.

Issues:

• Can a person be held liable for negligence for risks that are not reasonably known to the person?

Holding/Rule:

• A person cannot be held liable for negligence for risks that are not reasonably known to him.

Reasoning:

• The club is not so inherently dangerous that it constitutes negligence to leave it in the backyard.
• Negligence requires reasonable knowledge of adverse risk.

Dissent:

• None.

Notes:

• 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?