O'Guin v. Bingham County
Idaho Supreme Court
122 P.3d 308 (2005)
Relevant factsFree
Two children died when a pit wall collapsed at an unfenced, unattended landfill owned by Bingham County (defendant), and their parents (plaintiffs) sued for negligence, arguing the county violated statutes requiring unattended landfills to be fenced or blocked off to protect human health. The trial court found the statutory duty applied but nonetheless applied the common-law trespasser standard instead, granting Bingham County summary judgment.
IssueFree
Whether a court may apply the traditional common-law duty of care in a negligence action after already finding that a statutory duty of care applies under the negligence per se doctrine.
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