Substrate Record: qid 1776

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qid 1776 · law

Question: While visiting at his son's home, a grandfather tripped on a toy left on the floor by his four-year- old grandson. The grandfather fell and was severely injured. The grandfather regularly visited his son's home and was aware that the grandson routinely left toys scattered about the house. The son had never warned the grandfather to look out for toys. The grandfather brought an action against his son to recover for his injuries. At trial, after the close of evidence, both the grandfather and the son have moved for judgment as a matter of law as to liability. The jurisdiction has abolished intra-family immunity and applies the traditional rules of landowner liability. What action should the court take?

1. Grant the grandfather's motion, because the son is liable as a matter of law for failing to warn about the risk of toys being left on the floor.
2. Deny both motions and submit the case to the jury based on premises liability.
3. Grant the son's motion, because the grandfather was aware of the risk and still chose to visit.
4. Deny both motions and submit the case to the jury based on strict liability.
5. Grant the son's motion, because the grandfather failed to exercise due care in avoiding the toy.
6. Deny the grandfather's motion, because the son had no duty to control the behavior of his child.
7. Grant both motions, as both parties share equal liability for the incident.
8. Grant the grandfather's motion, because the son had a duty to maintain a safe environment for visitors.
9. Deny both motions and submit the case to the jury based on negligence.
10. Grant the son's motion, because the son had no duty to warn that the grandson might leave toys on the floor.

Our answer: J. Grant the son's motion, because the son had no duty to warn that the grandson might leave toys on the floor. Source quote machine-checked (exact quote)

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