Lubitz v. Wells
Connecticut Superior Court
113 A.2d 147 (1955)
Relevant factsFree
Wells's (defendant's) eleven-year-old son James was playing in the backyard with nine-year-old Judith Lubitz (plaintiff) when James picked up a golf club Wells had left on the ground and, while swinging it at a stone, struck Lubitz in the face; Lubitz sued Wells for negligence, alleging Wells knew or should have known the club was on the ground, that children would play with it, and that he should have removed or warned against its use. Wells demurred to the complaint.
IssueFree
Whether an individual may be held liable for negligence for leaving on the ground for others to use an object that is not inherently dangerous.