Mounsey v. Ellard - 363 Mass. 693, 297 N.E.2d 43 (1973)

Rule:

A landowner must act as a reasonable man in maintaining his property in a reasonable safe condition in view of all the circumstances, including the likelihood of injury to others, the seriousness of the injury, and the burden of avoiding the risk.

Facts:

Plaintiff Wilbur Mounsey, a police officer, was injured when he slipped and fell on ice on defendants’ premises as he left the property after serving a criminal summons. After the officer's opening statement, the defendants moved for a directed verdict which was granted by the trial court, applying the rule that policemen and firemen were licensees who must establish willful, wanton or reckless conduct, and not just ordinary negligence, on a defendant's part in order to recover for injuries sustained during their performance of official duty on a defendant's land. Plaintiff challenged the decision.

Issue:

Could the plaintiff recover damages from the defendants for the injuries he sustained in the defendants’ premises?

Answer:

Yes.

Conclusion:

The Court reversed the trial court's judgment, declining to follow the common law distinction between licensees and invitees and, instead, created a common duty of reasonable care which the occupier owed to all lawful visitors. The court held that a landowner must act as a reasonable man in maintaining his property in a reasonable safe condition in view of all the circumstances, including the likelihood of injury to others, the seriousness of the injury, and the burden of avoiding the risk.