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Landowner’s Liability
for Injuries
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DUTY OWED TO PEOPLE ON
THE OWNER’S PROPERTY
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General Liability
Trespasser
Licensee
Invitee
Law before 1968
Problems
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New Rule
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In 1966, the law was changed. Juries need
now only analyze the facts under the general
tort rules of foreseeability.
Now required to use ordinary care to prevent
injury to anyone who comes on the land.
Exceptions for Recreational Licenses
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Rowland v. Christian
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The new rules greatly enlarge the duties now
owed to licensees and trespassers, providing
far greater protection for both.
Juries are now permitted a more flexible
approach to a landowner’s liability.
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DUTY OWED TO PEOPLE OFF
THE OWNER’S PROPERTY
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Landowner has no duty to or liability for
injuries to people outside the land.
Exceptions for Adjoining Property.
Exceptions for Sidewalks.
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LIABILITY OF LANDLORD FOR
INJURIES
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General Background
Common Law Rule
Modern Law Looks to Foreseeability
Semi-Public Leases
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Four Areas of Exposure
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Landlord Contractually or Voluntarily Repairs
Common Area
Existing Nuisance or Public Safety Violation
Landlord Has Knowledge of Dangerous
Condition
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NUISANCES
“anything which is injurious to health, or is
indecent or offensive to the senses, or an
obstruction to the free use of property, so as
to interfere with the comfortable enjoyment of
life or property.”
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NUISANCES
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Nature
Classification
Per-Incident Nuisance
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Public & Private Nuisances
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Most public nuisances affect the environment
and are now covered by increasingly effective
environmental legislation.
Private nuisance doctrine remains a powerful
weapon against individuals interfering with
reasonable enjoyment of another’s property,
as in the principal case.
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Remedies for a Nuisance
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Injunction for Per Se Nuisances
Injunction for Per-Incident Nuisances
Balancing the Equities
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TREES
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Ownership of a tree depends on the location
of its trunk; the right to cut down overhanging
branches depends on the ownership of the
tree.
Rights of Tree Owner.
Right to Cut Neighbor’s Overhanging
Branches
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FENCES
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Obligation to Pay
Spite Fences
Fence Mistakenly on Neighbor’s Property
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ENCROACHMENTS
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That part of a building or other structure that
extends onto the land or airspace of a
neighbor’s property.
Remedies
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STORM DAMAGE
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Creating Dangerous Conditions
Failure to Correct Dangerous Conditions
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Lateral Support
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Lateral Support
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Limitations of the Statute
Subjacent Support
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governed by the common law rules of support.
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Eminent Domain by State
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Bay Area Rapid Transit District case
Court ruled that when the state, or one of its
subdivisions, excavates in such a manner as
to damage private property, the state is
absolutely liable.
2011©Cengage Learning. All Rights Reserved.