Section 19.17 Premises Liability

• Library: Tort Law 2016

B. (§19.17) Premises Liability

Comparative fault applies to premises liability claims, but a possessor of land has no duty when a plaintiff fails to use due care in the face of an open and obvious condition unless the possessor should have anticipated harm nonetheless.

In Cox v. J.C. Penney Co., 741 S.W.2d 28 (Mo. banc 1987), the Supreme Court held that the comparative fault principles adopted in Gustafson v. Benda, 661 S.W.2d 11 (Mo. banc 1983), modified the common-law relationship between an occupier of land and the occupier’s invitees by leaving it to juries to assess the relative fault of the parties instead of barring the plaintiff’s claim entirely. Under Cox, the jury is allowed to compare the defendant’s fault for failure to maintain the premises in a reasonably safe condition and the plaintiff’s fault for failure to use ordinary care in discovering an obvious danger. Hefele v. Nat’l Super Mkts., Inc., 748 S.W.2d 800, 802 (Mo. App. E.D. 1988). The Supreme Court of Missouri...