Nelson v. Freeland
Supreme Court of North Carolina
507 S.E.2d 882 (1998)
Relevant factsFree
Nelson (plaintiff) tripped over a stick left on the porch of his friend Freeland (defendant), who had invited him over for a shared business trip, and was injured. Nelson sued for negligence; under the traditional invitee/licensee framework the trial court granted summary judgment to the Freelands, and the court of appeals affirmed. The state supreme court took the case to reconsider the classification-based approach to premises liability.
IssueFree
Whether North Carolina should abandon determining premises liability based on an entrant's status as invitee or licensee in favor of a true negligence standard asking whether the landowner acted as a reasonable person would under the circumstances.