Koenig v. Koenig
Iowa Supreme Court
766 N.W. 2d 635 (2009)
Valerie Koenig (plaintiff) went to the home of her son, Marc Koenig (defendant), to care for him while he was ill, and tripped over a carpet-cleaner hose that was the same color as the carpet while carrying laundry, requiring surgery including a plate in her leg. Valerie claimed Marc knew the hose was broken but never told her. She requested a general negligence jury instruction, but the trial court instead gave the traditional premises-liability instruction based on her status as a licensee. The jury found for Marc, and Valerie appealed the instruction.
Whether a landowner's legal duty to another should be based on modern negligence principles rather than the traditional distinction between invitee and licensee.