first-year law review

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Nov. 13 Torts: Merging of Categories

Last time we discussed the categories of people to whom the owner of property may owe a duty. In true law school fashion, we’ve been told that at least one court thinks we should forget that. In Rowland v. Christian, the California Supreme Court held that where the occupier of land is aware of a concealed condition involving, in the absence of precautions, an unreasonable risk of harm to those coming in contact with it and is aware that a person on the premises is about to come in contact with it, the trier of fact can reasonably conclude that a failure to war or to repair the condition constitutes negligence. What they did, in effect, is put the licensee and invitee in the same category. So now we have two categories: the trespasser and the invited person (my language).

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November 13, 2006 - Posted by | Torts

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