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Case study B – HO3/ Homeowners policy
Zoila recently purchased her first home and is planning a housewarming party to celebrate. She invites 10 of her friends to the party, but three of her friends (Marcus, Lowe, and Mary) spread the word to five other people who also show up. On the day of the party, heavy rainstorms caused water to flood the sidewalk and wooden stairs of her house. As a result, Zoila has 15 people at her home instead of the planned 10. She has enough chairs for 10 people, but she has to use five older chairs with wobbly legs, two of which are known to collapse when people sit on them. Zoila has arranged for catering to deliver food to her house at 7 p.m. and she leaves the outside porch light on for them. Although Zoila hadn’t planned to have alcohol at the party, her friends David and Rhee hired a bartender for two hours as a housewarming gift. Zoila allows the bartender to work the party so that she doesn’t hurt her friends’ feelings.
Your task is to provide a comprehensive analysis of the risks Zoila is exposed to as a result of her housewarming party. You need to present arguments on the four elements of negligence and determine if there is any assumption of risk or Dram shop law elements that apply. In your analysis, you should outline the category of people and the duty they are owed (trespasser, licensee, and invitee). Finally, present your original ideas on what Zoila can do to mitigate her risk in this situation, knowing that she could not have reasonably planned for it. Use California state and case laws to support your conclusion.
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