Smith v. Baxter’s Empirical Analysis

Citation profile

3 federal appellate · 28 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A possessor of land is subject to liability for physical harm caused to his invitees by a condition on the land if, but only if, he (a) knows or by the exercise of reasonable care would discover the condition, and should realize that it involves an unreasonable risk of harm to such invitees, and (b) should expect that they will not discover or realize the danger, or will fail to protect themselves against it, and (c) fails to exercise reasonable care to protect them against the danger.”

   4 later decisions quote this exact passage
   e.g. Maurer v. Speedway, LLC · Jill Miller v. Rosehill Hotels, LLC d/b/a Holiday Inn Express Intercontinental Hotel Group d/b/a Holiday Inn Express

2. “a much closer question as to whether there was substantial evidence that (1) the defendants should have expected that the plaintiff would not discover or realize the danger, or fail to protect himself against it, and (2) the defendants should have anticipated the harm despite the plaintiff's knowledge or the obvious nature of the risk.”

   3 later decisions quote this exact passage
   e.g. Gannon v. Menard, Inc. · Countrymark Cooperative, Inc. v. Hammes

3. “[t]he comparative knowledge of a possessor of land and an invitee regarding known or obvious dangers may properly be taken into consideration in determining whether the possessor breached the duty of reasonable care under Sections 343 and 343A of the Restatement (Second) of Torts.”

   3 later decisions quote this exact passage
   e.g. Sturgis v. Silvers · Michelle Converse v. Elkhart General Hospital, Inc.