Kensinger
Kensinger v. E.I. Du Pont de Nemours
Opinion
Lead Opinion
MEMORANDUM *
1. Under well-settled Alaska law, land owners only owe their guests a duty of *116 reasonable care to prevent foreseeable injuries. Guerrero v. Alaska Hous. Fin. Corp., 6 P.3d 250, 255-56 (Alaska 2000); Webb v. City & Borough of Sitka, 561 P.2d 731, 733-34 (Alaska 1977). Applying the same standard, other courts have found that the duty of reasonable care does not require a homeowner to control the acts of another adult. Vertudazo v. Allstate Ins. Co., 542 So.2d 703, 704 (La.Ct.App.1989) (Homeowner had no duty to control an individual even though she knew that he “had a tendency to resolve conflict with threats involving a gun, [and] that there was a loaded gun under the mattress.”). Kensinger cites no case from Alaska or any where else premising liability on similar facts.
Here, the evidence showed Brenegan was not aware his son had purchased the shotgun, nor had his son ever been involved in a gun accident. Lacking notice that his son posed a particular security risk, it was not foreseeable that Kensinger’s injury would result from the alleged lack of household gun safety rules. The district judge did not err in concluding that Kensinger “ha[d] no valid cause of…