Bell v. ABERCORN TOYOTA, INC.

Inasmuch as I conclude that the “issue of fact” in this case as expounded by the majority is more in the realm of conjecture than based in reality, I must respectfully enter my dissent in this “don’t look and fall” case.

The duty of care owed by a patron to his invitee is the same duty of care in keeping premises safe which a master owes to his servant. Two elements must exist in order for an invitee to recover for a proprietor’s negligent failure to maintain safe premises: (1) fault on the part of the proprietor; and (2) ignorance of the danger on the part of the invitee. This test is…