Smith v. Shuda

Defendant contends that she was not negligent in that she violated no duty owed to the plaintiff.

The trial court properly instructed the jury on duties of the inviter to provide a reasonably safe place and to warn of dangers not known by nor apparent to the invitee. Instructions were also given on the invitee’s duty to use reasonable care for her own safety.

As far as the negligence of defendant is concerned, she not only provided a waxed floor that constituted a hazard, but also actively provided and positioned a chair that would tip easily and directed that the plaintiff use it. The jury…