tortsownerocc - Torts Owners Occupiers Laura Rothstein...

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Torts Owners & Occupiers © Laura Rothstein Generally -- addresses duty of owner of property to those outside the property and those who come onto the property. Duty to those outside the premises Natural conditions -- general rule – no duty to 3 rd parties for natural occurrences (original common law rule) No duty to alter natural conditions to prevent harm. Some jurisdictions have abolished the rule, but most still apply it. Artificial conditions or certain activities -- duty of reasonable care Duties with respect to conditions and activities on the premises Original common law rules made duty dependent on status of the individual who was harmed. 1) Trespasser one who enters or remains on land without privilege to do so. Generally – no duty of care Exceptions – 1) Discovered trespassers (probably only a duty to warn ) 2) Reckless disregard (sometimes willful or wanton misconduct) Trend towards general duty of ordinary care (perhaps only duty to warn) for 3) Tolerated intruders 4)
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