Smith v. King’s Empirical Analysis

Citation profile

5 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 6 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 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 (e) fails to exercise reasonable care to protect them against the danger. Restatement (Second) of Torts § 348. Further, section 3438A(1) of the Restatement (Second) of Torts provides, 'a possessor of land is not liable to his invitees for physical harm caused to them by any activity or condition on the land whose danger is known or obvious to them, unless the possessor should anticipate the harm despite such knowledge or obviousness.' The Indiana Supreme Court has recognized that, '[iIn premises liabil ity cases, whether a duty is owed depends primarily upon whether the defendant was in control of the premises when the accident occurred. The rationale is to subject to Hability the person who could have known of any dangers on the land and therefore could have acted to prevent any foreseeable harm.”

   1 later decision quote this exact passage
   e.g. City of South Bend v. Dollahan

2. “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.”

   1 later decision quote this exact passage
   e.g. German A. Linares v. El Tacarajo and U-Pull-And-Pay, LLC d/b/a Pic A Part

3. “[the Indiana Supreme Court has held that 'a contractor has a duty to use reasonable care both in his or her work and in the course of performance of the work.'”

   1 later decision quote this exact passage
   e.g. Smith v. King