Lubitz v. Wells
Facts:
The defendant left his golf club lying in his backyard. His eleven-year-old son then found it and began playing with it. Wells's son accidentally hit Lubitz, a nine-year-old friend in the jaw with the club.
Procedural History:
Defendant won initially.
Issue:
Should a golf club be known to cause damage if left unattended by children?
Plaintiff's Argument:
Defendant should be liable because he should have known children could injure one another with a golf club.
Defendant's Argument:
Defendant should not be liable because he could no reasonably foresee such an injury resulting from leaving his golf club on the ground.
Rules:
A golf club is not an intrinsically dangerous object.
Bell's broad: A person does not breach his duty if a danger is not reasonably foreseeable.
Bell's narrow: If an object is not intrinsically dangerous, one does not breach his duty.
Reasoning:
As the golf club itself is not intrinsically dangerous, it cannot be assumed that such an injury could be reasonably foreseen.
Holding:
No, a golf club is not dangerous enough to make one liable for just leaving it on the ground.
Takeaway:
Some objects are and some are not intrinsically dangerous enough to make on liable for leaving them accessible.