Senogles v. Carlson

DISSENT

ANDERSON, Justice

'(dissenting).

This case involves an almost 5-year-old child who nearly drowned in a tragic accident. But not all tragic accidents are com-pensable in litigation. Here, the court unearths a factual dispute where none exist to conclude that a jury could find that the landowner should have anticipated this injury and, therefore, the landowner had a duty to protect the child from the Mississippi River. By so holding, the court opens the door to a significant, and unwarranted, expansion of social host liability. -

It is unnecessary for a jury to decide this case because the…