HEINS V. WEBSTER COUNTY
552 N.W. 2d 51 (1996)
NATURE OF THE CASE: This was a dispute over the standard of duties relating to property
owners. Heins (P), licensee, sought review of a judgment finding that Webster (D),
landowner, did not act willfully or wantonly or fail to warn of known dangers unobservable
by P.
FACTS: P made plans to visit D's hospital. P claims he was there to make plans to
coordinate his playing Santa at the hospital for Christmas. D claims that in fact P was
there merely to make a social visit with his daughter who was the director of nursing. While
exiting the main door of the hospital P fell on accumulated snow and ice and injured his
hip. P sued D for negligence for failure to warn of the existence of a dangerous condition,
allowing the ice and snow to accumulate and in failing to remove the ice and snow. The court
found that D was a licensee at the time of the accident as he was there to visit his
daughter and thus D did not act willfully or wantonly or fail to warn of known hidden
dangers unobservable to P. D thus got the judgment under the landowner's duty of care to a
licensee. P appealed; D should have been held to a duty of reasonable care as D was an
invitee and social guest.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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