Harris

J.A man believes that a large sand sculpture is about to fall and injure customers at a shopping mall. He injures himself while leaping over a nearly four-foot high booth door to render assistance to customers. The sand sculpture does not fall.

To recover in negligence, plaintiff need not show the harm was real and imminent, but only that he reasonably perceived the sand sculpture would fall.

Robert Harris (Harris) appeals from the defense judgment after special jury verdict in favor of respondents, Todd Vander Pluym, doing business as Sand Sculptors International (Sand Sculptors); the Oaks Shopping Center, a limited partnership (the Oaks Mall); and Hahn Property Management Corporation. He asserts that the trial court erred in instructing the jury. We agree and reverse.

Facts

Harris worked at the customer service booth of the Oaks Mall. A large sand sculpture approximately 30 feet high was under construction. While standing in the booth and looking at the sculpture, Harris heard the popping sound of construction boards snapping. He saw sand and water rushing out and thought the sand sculpture was about to fall and injure customers. He and his co worker shouted “It’s…