WEEK 15 - I. Property Law (cont.) A. Liability of Property...

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I. Property Law (cont.) A. Liability of Property Owners (cont.) A.1. Tort Liability of Property Owners (cont.) A.1.a) Defenses (A.1.a.1) Assumption of Risk (A.1.a.1.a) Can you argue that the plaintiff is assuming the risks of what is happening on your property (A.1.a.1.b) Example: “Firefighters Rule” – Doesn’t just apply to firefighters, applies to police officers and others also. The idea is that some people (like the firefighters) may show up to fight the fire and get killed or injured by the fire. They have assumed the risks of the fire. (A.1.a.1.b.i) Two exceptions: (A.1.a.1.b.i.a) Injury caused by a risk that it is not reasonable to assume would be present. If you are fighting a fire, you are not assuming the risk that there will be dynamite stored in the kitchen that explode from the fire (A.1.a.1.b.i.b) Property owner committed an intentional or willful wrong, for example, arson. If firefighters get injured, then the firefighters rule will be superseded by your intentional misconduct. (A.1.a.2) Comparative negligence (A.1.a.3) Supervening cause (A.1.a.3.a) Best example will be third party acts (A.1.a.3.a.i) Criminal act or intentional tort committed by a third party (A.1.a.3.a.ii) Whether something is a supervening cause: “is it an unforeseeable independent act that caused the injury?”
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(A.1.a.4) Statutory protection (A.1.a.4.a) This may or may not exist in your jurisdiction (A.1.a.4.b) Recreational use statute (A.1.a.4.c) See NY Gen. Ob. Law §9-103 – The New York statute: owner or leasee owes no duty to keep the premises safe for entry or use by recreators (A.1.a.4.c.i) Landowner will not be liable for injuries sustained by a person who comes onto their property who is engaging in some recreational uses. (A.1.a.4.c.i.a) New York’s statute has a specific list of recreational uses. If it is not included on the list, it does not apply. (A.1.a.4.c.i.b) Examples of recreational uses included: skiing, snowboarding, hunting, fishing, etc. (A.1.a.4.c.i.c) If you engage in such activities on someone else’s property and get harmed, you may sue the landowner, but they will raise the Recreational Use Statute as their defense. (A.1.a.4.c.i.d) Hypo: what if you have an invitation to hunt on a person’s property? Does it still apply? (A.1.a.4.c.i.d.i) Yes. Even if invited, the defense is still good. (A.1.a.4.c.i.e) Hypo: Assume you charge an admission fee to let others hunt on your property. Now will you be liable if someone gets harmed on the property? (A.1.a.4.c.i.e.i) Yes. The Recreational Use Statute will not apply in such a circumstance. (A.1.a.4.c.i.f) Another exception will be if there is a willful or intentional failure to warn of some danger on the property. II.
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This note was uploaded on 01/08/2012 for the course AEM 3200 at Cornell University (Engineering School).

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WEEK 15 - I. Property Law (cont.) A. Liability of Property...

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