Case study background

Keep tort law in the mind

Alexa invites her college friends to a party at her house on a Friday night. The night before the party, there was a heavy snowfall. On Friday afternoon, Alexa is busy baking cookies for the party, and decides she does not have time to sweep the snow off the stairs. During the evening, rain falls on the snow and freezes, turning the snow to ice. Alexa sends a text message to her guests asking them to use the back entrance, which is less slippery, when they arrive.

At midnight, Alexa's next-door neighbour Bill walks up the stairs to her home, and bangs on the door. Alexa opens the door. Bill shouts, "I told you, no more loud parties! My wife and I can't sleep. This is the fourth time this month that I've had to complain! Can't you at least turn the music down?"

Alexa's friend Daman comes to the door to see what is happening. He gets in an argument with Bill, who says something rude to him. Daman punches Bill, and Bill hits him back. Then Bill turns to leave, saying, "I'm calling the police."

On his way back down the stairs, Bill slips and falls, banging his head on the bottom stair. He appears to be breathing but unconscious. Alexa calls an ambulance. The ambulance arrives, and the driver, Chika, comes to help. As Chika is assisting Bill to get up, Chika also slips on the bottom stair, injuring her arm.

Alexa shouts at Daman, "This is all your fault. Get out of my house!"

Daman replies, "But you invited me. And it's so cold out. I'm not going anywhere."

Alexa says, "You're no longer welcome. I want you out of here in 5 minutes."

Daman refuses, and lies down on the couch. He falls asleep, and leaves the next morning, before Alexa gets up.

The next day, Alexa, Bill, Chika, and Daman each contact their lawyers for advice.

Consider the following roles. Which one applies to teach of the characters?

• invitee
• licensee
• occupier
• trespasser