Rowland v. Christian (1968) 69 Cal. 2d 108, forty years after it was decided, is still famous and cited by attorneys, commentators, and courts alike. A very sophisticated analysis to reach the conclusion that an "Every one is responsible, not only for the result of his willful acts, but also for an injury occasioned to another by his want of ordinary care or skill in the management of his property or person, except so far as the later has, willfully or by want of ordinary care, brought injury upon himself," California Civil Code Section 1714.
The statute is fair and makes common sense, but remnants of the past from common-law interfered with justice drawing distinctions between whether a person was a social guest, an invitee or a trespasser. But a cracked bathroom water faucet changed that and made history.
Rowland, a guest at Ms. Christian's apartment, used a cracked water faucet knob and that was known by Ms. Christian to be cracked. The knob broke and severed tendons and nerves of Mr. Rowland's right hand. Rowland sued Christian for his damages. Summary judgment was granted to Christian despite facts in Rowland's declaration that should have precluded judgment. Rowland appealed.
The California Supreme Court reasoned through the common law, Civil Code Section 1714, and cases to reach the decision that it made no sense to relieve an occupier of land from exercising ordinary care to prevent injury to another regardless of why the person was on the land. The law simplified to a reasonable and sensible principle that had already been codified by Civil Code Section 1714.
Amazing isn't it? A crack in water faucet gave the California Supreme Court the opportunity to break with history. A cracked water faucet revealed the cracks in the law which paved the way for the California Supreme Court to announce a sound principle to ensure justice for injured people.
