Curtis v. Lein

¶1 Tambra Curtis walked onto John and Claire Leins’ dock and her left leg went through it, causing her injuries. The Leins’ postaccident dock destruction deprived Curtis of evidence about the dock’s condition. Because Penson v. Inland Empire Paper Co.1 holds that reasonably safe wooden structures do not ordinarily give way under normal use, res ipsa loquitur provides an inference that the Leins breached their duty to provide premises free of unreasonably dangerous conditions. But Curtis must also offer evidence from which a reasonable jury could find that the Leins should have discovered the…