The Law School Authority

Hammons Inc. v. Poletis Case Brief

Summary of Hammons Inc. v. Poletis

*Facts: A guest in the defendant’s hotel was in the shower when he grabbed the towel bar. It broke and he fell and injured himself.

*Procedure: Jury found for plaintiff.

*Issue: Can someone be liable for something they should have known based on common knowledge or reasonable human experience? Is expert testimony needed for common knowledge situations?

*Holding: Yes/No

*Reasoning: The towel bar came out because behind the tile was moldy which a reasonable person might expect after years of use in a wet environment. The motel should have used reasonable care and fixed the condition.

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