James Mattheson is a thirty-two-year old bartender who lives in Council Bluffs, Iowa. He works at The Wicked Rabbit in downtown Omaha. One night last year, Mr. Mattheson became intoxicated and decided to walk home from work. On the way, Mr. Mattheson encountered M’s Pub, which had been under construction after being severely damaged by a fire. The building was surrounded by fencing with signs stating, “No Trespassing – Construction Zone” posted every ten feet. Although the building was surrounded by fencing, Mr. Mattheson decided that it would be a great idea to sneak in and hang out amongst the wreckage. Mr. Mattheson found an opening in the fence and scraped his way through. Mr. Mattheson claims he never noticed the signs.

After relaxing in the wreckage for a few minutes, Mr. Mattheson sought a way out. While attempting to exit the building through a burnt window frame, the frame slipped out of the opening in the building. This, along with several chunks of burnt wood from the joists above the window frame, landed on Mr. Matheson. As a result of this incident, Mr. Matheson suffered a broken kneecap, cracked ribs, and scars to his face; his medical bills total almost $100,000. Mr. Matheson wishes to bring suit against M’s Pub’s owners, Metropolitan Utilities District, the construction manager, and its contractors for negligence and liability for his injuries.

We represent Mr. Matheson and we need to determine whether or not we would be successful in suing for his injuries. We know that M’s Pub hired the construction company and had the fencing put up around the building, so we can probably sue both. Clearly, M’s Pub knew there was some danger with the site because they put the fence up and the location is ripe for trespassers. We also know that because Mattheson was a trespasser, M’s Pub owes him some duty with regard to his safety, though not much. What is that duty and did M’s Pub violate it?