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Campbell v. Weathers

Supreme Court of Kansas

111 P.2d 1104 (Kan. 1941)

Relevant factsFree

A frequent customer of a lunch counter and cigar stand loitered near the counter without buying anything, then went to use the restroom and fell through a trap door, sustaining injuries; he sued the business owner for negligence, claiming invitee status, but the trial court sustained the defendant's demurrer, apparently on the theory that without a purchase that day, he wasn't an invitee, and the plaintiff appealed.

IssueFree

Whether a member of the public who enters a business's premises as a regular customer, but does not make a purchase on that particular visit, qualifies as an invitee owed a duty of ordinary care.

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