Richardson v. The Commodore, Inc.
Iowa Supreme Court
599 N.W.2d 693 (1999)
Russell Richardson (plaintiff) was struck by falling plaster from the ceiling of The Commodore Tap (the Tap) (defendant), a bar in a two-story building from 1913. A 1982 repair to the original plaster ceiling found no other visible problems, and a later drop ceiling installed for climate efficiency also revealed no issues with the original plaster. Richardson sued, alleging the defendants failed to maintain the premises safely for a business invitee; the trial court granted summary judgment for the defendants, finding no evidence they knew or should have known of the danger, and the court of appeals affirmed before the Iowa Supreme Court granted review.
Whether a possessor of land is liable for injuries sustained by a business invitee from a condition on the premises if the possessor (1) knows or should know of the condition and its unreasonable risk, (2) realizes the invitee will not discover or protect against the danger, and (3) fails to exercise reasonable care to protect the invitee.