Homeowners Negligent in Lawsuit for House Party Injury
Accident & Injury Accident & Injury Personal Injury Real Estate
Summary: Blog post about the liability of a homeowner for an injury sustained by a guest at a house party.
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Plaintiff social guest filed suit against defendants, two homeowners and several individual partygoers, for personal injuries sustained by the plaintiff when he was assaulted at a party. The homeowners moved for summary judgment under Conn. Gen. Prac. Book, R. Super. Ct. § 17-49.
The homeowners went out of town, asked a friend to watch their house, and gave their daughter permission to have a party. Plaintiff arrived at the house after the first fight had occurred, and was injured on the property. He filed a negligence suit, claiming that the homeowners had a duty to use reasonable care to protect him under Conn. Gen. Stat. § 52-557a, because he was a social invitee. Plaintiff alleged that the homeowners failed to provide adequate adult supervision, failed to hire competent house sitters, failed to provide adequate security, and failed to control the conduct of the five defendants who assaulted the plaintiff. The homeowners were not entitled to summary judgment. A genuine issue of material fact remained as to the duty owed the plaintiff and whether the house sitter was acting as the homeowners' agent. There was a public policy to encourage responsible party hosts to take steps to see that their guests were not harmed as a result of foreseeable violence. Homeowner’s motion for summary judgment denied.
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Source: Kitchens v. Kramer, 2006 Conn. Super. LEXIS 318 (Conn. Super. Ct. Jan. 26, 2006)