Andrushchenko v. Silchuk

744 N.W.2d 850 (2008)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
A
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Andrushchenko v. Silchuk

South Dakota Supreme Court
744 N.W.2d 850 (2008)

  • Written by Rose VanHofwegen, JD

Facts

Ivan and Lyuba Silchuk invited Alex and Nataliya Andrushchenko (plaintiffs) and their three-year-old son, D.A., over to the Silchuks’ newly built home for lunch. Early in the visit, D.A. turned on the faucets in the main floor bathroom, flooding it. Lyuba warned D.A.’s mother that she would be responsible for any further damage. Meanwhile, D.A. went upstairs with the Silchuk children, but was playing by himself when Lyuba came up, closed the door to the master bedroom where the baby was sleeping, then went back downstairs. D.A. nonetheless ventured into the master bathroom, filled the whirlpool tub with scalding hot water and toys, then fell or climbed in, suffering extensive burns. The Andrushchenkos sued the Silchuks, as well as the homebuilder, Metzger Construction, Inc., and the plumbing contractor, M & M Plumbing-HVAC, L.L.C. (collectively, defendants). The Andrushchenkos claimed the Silchuks breached a duty of care as the property owners to ensure D.A.’s safety as an invitee, and because Lyuba undertook a gratuitous duty to protect him. The Andrushchenkos also claimed the plumbing installer negligently set the water heater at 160℉, instead of 120℉ as required by local building code, and failed to warn the Silchuks of the risk of scalding. The trial court granted summary judgment and the Andrushchenkos appealed.

Rule of Law

Issue

Holding and Reasoning (Meierhenry, J.)

Dissent (Sabers, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 806,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 806,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 806,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Torts

Key Terms