Rivas v. Oxon Hill Joint Venture

Majority - Judge Byrnes

Yes, a property owner owes a deputy sheriff, who is injured in a common area while serving a civil subpoena and whose injury is unrelated to the subpoena service, the duty of ordinary care owed to an invitee. The court first determined that the common law 'Fireman's Rule' did not apply to Rivas's injury. Citing Flowers v. Rock Creek Terrace and Tucker v. Shoemake, the court explained that the Fireman's Rule is based on public policy, precluding recovery for injuries attributable to the negligence that requires a public safety officer's assistance. Rivas's injury on an icy parking lot was unrelated to serving the subpoena itself and did not arise from the 'very occasion for his employment.' Thus, the Fireman's Rule was inapplicable. Regarding the appropriate duty of care, the court noted that public officials who enter property under a privilege, such as postal workers or inspectors, are typically treated as invitees because they confer a public benefit or enable the possessor's lawful business. While Rivas's specific task of serving a subpoena may not have directly benefited Oxon Hill Joint Venture and Southern Management Corporation, his overall role as a law enforcement officer conferred a public safety benefit that 'enured to the benefit of Oxon Hill and Southern, their tenants, and their tenant’s visitors.' The court further recognized that landlords owe a duty of ordinary care to keep common areas reasonably safe for their tenants and their guests. Since Rivas was privileged to enter the common area of the apartment complex and encountered risks no different than those faced by tenants or their guests, the court found no justification in public policy or premises liability law to distinguish the duty owed to him from that owed to others lawfully on the property. Therefore, Rivas was owed a duty of ordinary care, making the question of liability a matter for a jury to decide.