Louis v. Louis

• Citation: 636 N.W.2d 314
• Decision Date: 06 December 2001
• Docket Number: No. C3-00-1325.,C3-00-1325.
• Parties: Steven LOUIS, et al., Respondents, v. Robert LOUIS, Petitioner, Appellant.
• Court: Supreme Court of Minnesota (US)

636 N.W.2d 314

Steven LOUIS, et al., Respondents, v. Robert LOUIS, Petitioner, Appellant.

No. C3-00-1325.

Supreme Court of Minnesota.

December 6, 2001.

Thomas A. Gilligan, Jr., St. Paul, for the appellant.

David G. Johnson, Prior Lake, for the respondent.

Heard, considered, and decided by the court en banc.

OPINION

GILBERT, Justice.

This case involves a landowner's contention that there is no duty of care owed to someone invited onto his land unless a special relationship exists between the landowner and the entrant. The district court ruled in favor of appellant, Robert Louis, on his motion for summary judgment and the court of appeals reversed and remanded. We affirm, although we do so on different grounds than those cited by the court of appeals.

The facts relevant to this appeal are undisputed. In the spring of 1995, appellant, Robert Louis, purchased a used aboveground swimming pool. He also purchased the deck surrounding the pool as well as a 7-foot water slide and a jump board that were attached to the deck. He installed the pool, deck, slide, and jump board in his backyard by himself. The deep end of the pool was approximately 6 feet deep while the shallow end of the pool was approximately 3½ feet deep.

Appellant decided to attach the slide to the deck above the shallow end of the pool. He did so because he and his wife did not want to worry about young children going down the slide into the deep end of the pool. The jump board was attached to the deck above the deep end of the pool and there were two signs on the edge of the pool stating "Danger—Do Not Dive."

Appellant believed that it was dangerous to dive into the pool but did not think there was any danger in going down the slide either feetfirst or headfirst. He believed the angle of the slide made the entry into the water from the slide more horizontal than a dive would, causing one to skim across the top of the water rather then enter the water vertically as one would in a dive. While no one had complained to appellant about hitting the bottom of the pool from going down the slide, appellant believed heel marks he had noticed on the bottom of the pool were from people going down the slide feetfirst, but he did not know this for a fact.

On August 2, 1997, appellant hosted a gathering of family members at his home. He allowed his guests to use the swimming pool, jump board, and slide. A handmade sign was posted indicating no diving but no warnings about using the slide were posted. Appellant's brother, respondent Steven Louis, was among those present at appellant's home. Respondent had been in appellant's pool one prior time but had never used the slide before.

Respondent observed mostly children playing in the pool during the day but at all times saw a few adults in the pool as well. He watched children go down the slide throughout the day doing headfirst "belly slides." He also saw David Louis, a brother to both respondent and appellant, do a headfirst belly slide. Appellant, who normally did not instruct or orient guests about the use of the slide, told his brother David earlier in the day about a sticker on the slide indicating the proper way to do a belly slide and had told David that he could do such a slide. A diagram on the sticker included a picture of a figure going down the slide headfirst and included the words "Correct belly slide: Head up, arms straight ahead, fingers pointing up."

After respondent observed David's headfirst slide, David told respondent that it was fun and to "give it a try." Respondent then decided to go down the slide. He was going to slide down feetfirst until he saw the same diagram on the slide that appellant had pointed out to David. After seeing this diagram, respondent attempted to imitate the position of the figure and went down the slide headfirst. He hit the water and then the bottom of the pool, resulting in a burst fracture of his C6 vertebrae.

Respondent, who is 5'8" tall, admitted that he knew before going down the slide that the depth of the water at the end of the slide was about waist high on him, which he later learned was 3 ½ feet deep. At the same time, respondent did not fear for his or anyone else's safety and he did not caution anyone, including his own children, about going down the slide headfirst. He never told appellant either before or after the accident that he felt the slide was unsafe.

Respondent sued appellant alleging negligence. Appellant moved for summary judgment arguing that (1) he owed no duty to respondent because there was no special relationship between them, and (2) that respondent had primarily assumed the risk of harm. The district court denied appellant's motion as to primary assumption of the risk, finding that genuine issues of material fact existed. However, the court then held that appellant was entitled to summary judgment, concluding that he did not owe a duty of care to respondent because there was no evidence that appellant had actual or constructive knowledge of the danger associated with doing headfirst belly slides into his swimming pool.¹ Respondent appealed the district court's holding on the duty of care issue and appellant cross-appealed the court's denial of summary judgment based on primary assumption of the risk. The court of appeals affirmed the district court's denial of summary judgment based on primary assumption of the risk but reversed the district court's holding on the duty of care issue. In doing so, the court of appeals held that there was a genuine issue of material fact for the jury to decide whether appellant owed respondent a duty to warn him of the dangers associated with sliding headfirst into the shallow end of the pool. Specifically, the court of appeals concluded that the sticker on the slide instructing how to do a headfirst belly slide into the pool presented appellant with at best contradictory information about the safety of such a slide. The sole issue brought before this court is whether appellant owed a duty of care to the respondent.²

Summary judgment is appropriate when a district court determines that "there is no genuine issue as to any material fact and that either party is entitled to a judgment as a matter of law." Minn. R. Civ. P. 56.03. We review a district court's grant of summary judgment to determine whether there are any genuine issues of material fact and whether the court erred in its application of the law. Lubbers v. Anderson, 539 N.W.2d 398, 401 (Minn.1995). On appeal, we view the evidence in the light most favorable to the party against whom the motion for summary judgment was granted. Id. A defendant in a negligence action is entitled to summary judgment when the record reflects a complete lack of proof on any of the four elements necessary for recovery: (1) the existence of a duty of care, (2) a breach of that duty, (3) an injury, and (4) the breach of that duty being the proximate cause of the injury. Id.

Any legal analysis of an action brought against a landowner alleging negligence must begin with an inquiry into whether the landowner owed the entrant a duty. Baber v. Dill, 531 N.W.2d 493, 495 (Minn.1995). Generally, the existence of a legal duty is an issue for the court to determine as a matter of law. Larson v. Larson, 373 N.W.2d 287, 289 (Minn.1985). Since 1972, we have consistently held that a landowner has a duty "`to use reasonable care for the safety of all such persons invited upon the premises.'" Sutherland v. Barton, 570 N.W.2d 1, 7 (Minn.1997) (quoting Peterson v. Balach, 294 Minn. 161, 174, 199 N.W.2d 639, 647 (1972)). The landowner has this duty regardless of whether the entrant is a licensee or an invitee.³ Conover v. Northern States Power Co., 313 N.W.2d 397, 402 (Minn.1981) (citing Peterson, 294 Minn. 161,199 N.W.2d 639). Therefore, an entrant's status as a "licensee" or "invitee" is not the controlling factor in determining the scope of the duty but is merely one element among many to be considered in assessing the landowner's duty to use reasonable care for the safety of persons invited on the premises.⁴Bisher v. Homart Development, 328 N.W.2d 731, 733 (Minn.1983) (emphasis added). This rule imposes the duty of reasonable care on both the landowner and the entrant. Peterson, 294 Minn. at 174,199 N.W.2d at 647.

While a landowner generally has a continuing duty to use reasonable care for the safety of all entrants, this duty is not absolute. Baber, 531 N.W.2d at 496. We have adopted the rule set out in Restatement (Second) of Torts § 343A (1965), which reads:

A possessor of land is not liable to his invitee for physical harm caused to them by any activity or condition on the land whose danger is known or obvious to them, unless the possessor should anticipate the harm despite such knowledge or obviousness.

Baber, 531 N.W.2d at 495-96 (citing Rawleigh, 274 Minn. at 496-97, 144 N.W.2d at 557) (quoting Restatement (Second) of Torts § 343A (1965)). The rationale underlying this rule is that, generally, "`no one needs notice of what he knows or reasonably may be expected to know.'" Baber, 531 N.W.2d at 496 (quoting Sowles v. Urschel Lab., Inc., 595 F.2d 1361, 1365 (8th Cir.1979)); see also Rawleigh, 274 Minn. at 497, 144 N.W.2d at 558 (recognizing that certain situations are so obviously dangerous that the landowner has no duty to warn of them).

We have consistently applied section 343A and have held that landowners are not liable for harm to invitees caused by known or obvious dangers unless the landowner should have anticipated the harm despite its known or obvious nature. See Sutherland, 570 N.W.2d at 7

; Baber, 531 N.W.2d at 496. The Minnesota Court of Appeals has applied the language of section 343A in discussing the duty owed to licensees.⁵ We believe that such application is consistent with the rule that a possessor of land owes the same duty to all entrants, regardless of their status as inviteesor licensees. See Peterson, 294 Minn. at 174,

199 N.W.2d at 647...