Torts – Negligence; Duty of Care

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Where the tenant of a commercial building hired a contractor to repair broken louvers on a dormer of the building; the tenant informed the contractor that a small number of pigeons were in the attic space but workers should ignore them;  a carpenter employed by the contractor entered the building’s attic and tried to remove the pigeons before conducting repairs; and the carpenter fell and suffered severe injuries; we conclude that summary judgment was appropriate because the tenant did not owe the carpenter a duty of care because (1) the tenant did not know that a large number of pigeons, rather than a few, were in the attic, (2) the tenant did not know that a large quantity of pigeon feces would emit high levels of noxious gases that might cause a person to lose consciousness, and (3) the tenant could not foresee that the carpenter would enter the attic despite the tenant’s statement that it was unnecessary to do so.

Affirmed.

A10-0269 Czech v. Little Falls Area Chamber of Commerce (Morrison County)

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