The Law of Premises Liability

Sections

1.1 In general
1.2 Scope
1.3 Persons liable for harm to entrants: In general
1.4 -Owners vs. possessors
1.5 -Landlord not in possession or control
1.6 -Owners engaging independent contractors
1.7 -Non-possessors creating dangerous conditions on premises
1.8 -Vendors
1.9 -Realtors
1.10 -Builders
1.11 -Manufacturers and sellers of chattels

Chapter 2: Liability To Trespassers For Unintended Harms

Sections

2.1 In general
2.2 Who is a trespasser?
2.3 Willful or wanton misconduct
2.4 Constant trespassers
2.5 Known trespassers: In general
2.6 -Duty to render assistance
2.7 Trespassers on property adjacent to public way
2.8 Child trespassers: In general
2.9 -Turntable cases and attractive nuisance
2.10 -Restatement '339, First Edition
2.11 -Restatement '339, Second Edition
2.12 -Elements of '339
2.13 -Present status of '339

Chapter 3: Liability To Licensees For Unintended Harms

Sections

3.1 In general
3.2 Who is a licensee? Definitions
3.3 -Permission
3.4 -Licensee by invitation
3.5 -Change of status after entry
3.6 -Specific groups
3.7 Duty to licensees
3.8 Conditions on the premises: In general
3.9 -Hidden dangers
3.10 -Possessor's knowledge of the hazard
3.11 -Possessor s knowledge of licensee's presence
3.12 -Adequacy of warning
3.13 -Licensee's knowledge of the hazard
3.14 -Changed conditions
3.15 Activities: In general
3.16 -Negligence
3.17 -Possessor's knowledge of licensee's presence
3.18 Child licensees: In general
3.19 -Conditions on the premises
3.20 -Activities
3.21 Social guests

Chapter 4: Liability To Invitees For Unintended Harms

Sections

4.1 In general
4.2 Who is an invitee? In general
4.3 -Elements of invitee status
4.4 -Scope of invitation
4.5 Duty to invitees: In general
4.6 -Conditions on the premises: In general
4.7 -Dangerous instrumentalities
4.8 -Possessor's knowledge
4.9 -Scope of duty
4.10 -Activities on the premises
4.11 -Acts of third persons: In general
4.12 -Duty to rescue
4.13 Child invitees: In general
4.14 -Area of invitation
4.15 -Warning
4.16 Contributory negligence
4.17 Assumption of risk: In general
4.18 -Implied
4.19 -Express

Chapter 5: Miscellaneous Categories

Sections

A. Public Employees

5.1 In general
5.2 Firefighters: In general
5.3 -Harm caused by negligently set fire
5.4 -Landowner's violation of statute or ordinance
5.5 -Falls through open spaces
5.6 -Explosions
5.7 -Collapsing structures
5.8 -Inhalation of smoke or fumes
5.9 Police officers
5.10 Postal employees
5.11 Other public employees
5.12 Abolition of categories

B. Recreational Entrants

5.13 Recreational statutes: In general
5.14 -Purpose of statutes
5.15 -Statutory definition of "recreational purpose"
5.16 "Charge" or "consideration": In general
5.17 -Direct fees
5.18 -Indirect benefits
5.19 Landowner's duty
5.20 Child trespassers
5.21 Type of land affected
5.22 Entrants excluded
5.23 Constitutionality

Chapter 6: Abolition Of Categories

Sections

6.1 Dissatisfaction with common-law categories
6.2 Initial departures from common-law rules
6.3 Rowland v. Christian
6.4 -Impact of Rowland
6.5 -Retroactive vs. prospective applicability
6.6 -Application of Rowland
6.7 -Resistance to Rowland
6.8 -Rowland reconsidered
6.9 -Beyond Rowland: Strict liability?

Chapter 7: The Slip-and-fall Case

Sections

7.1 In general
7.2 Causation and existence of condition
7.3 Proof of unreasonable danger: In general
7.4 -Safety statutes
7.5 -Expert testimony
7.6 -Inference from nature of condition
7.7 -Other factors showing likelihood of harm
7.8 Proof of defendant's knowledge: In general
7.9 -Actual knowledge
7.10 -Constructive knowledge: In general
7.11 Proof that condition was created by defendant
7.12 Special rules for self-service slip-and-fall cases

Chapter 8: Liability For Other-than-negligent Torts

Sections

8.1 In general

A. Possessor's Intentional Tort Liability

8.2 Scope of possessor's privilege to defend property
8.3 Use of reasonable force
8.4 Use of deadly force: In general
8.5 -In defense of habitation
8.6 -In defense of property other than habitation
8.7 Use of mechanical devices: Non-deadly and deadly
8.8 Statutes affecting privilege to defend property
8.9 Shopkeeper's privilege to detain

B. Possessor's Strict Tort Liability

8.10 In general
8.11 Strict liability for abnormally dangerous activity: In general
8.12 -Invitees
8.13 -Licensees
8.14 -Trespassers
8.15 -Defenses
8.16 Strict liability for injury by animals: Invitees and licensees
8.17 -Trespassers
8.18 -Defenses
8.19 -Statutes

Chapter 9: Landlord And Tenant

Sections

9.1 Landlord's liability at common law
9.2 Present status of landlord's duty
9.3 Landlord's liability for latent defects existing at commencement of tenancy: In general
9.4 -Landlord's duty to entrants other than tenants
9.5 -Landlord's duty to repair defects existing at commencement of tenancy
9.6 Landlord's duty with respect to premises leased for public use
9.7 Landlord's duty to repair: Under covenant to repair
9.8 -Tort duty arising from covenant to repair
9.9 -Under gratuitous promise to repair
9.10 -Negligent performance of duty to repair
9.11 Landlord's duty with respect to areas and instrumentalities under landlord's control: In general
9.12 -What constitutes control
9.13 -Defenses
9.14 -Slip-and-fall cases
9.15 -Ice and snow
9.16 -Fire escapes
9.17 -Appliances furnished for common use
9.18 -Plumbing
9.19 -Heating
9.20 -Electricity
9.21 -Duty to light common areas
9.22 Landlord's liability for harm caused by third persons: Criminal acts
9.23 -Negligent acts by independent contractors
9.24 -Negligent acts by third persons other than employees or independent contractors
9.25 -Injuries caused by animals kept by tenants
9.26 Landlord's tort liability for violation of statute, ordinance or regulation: In general
9.27 -Landlord's duty within demised premises
9.28 -Landlord's duty to maintain common areas
9.29 Invasion of privacy
9.30 Slumlordism as a tort
9.31 Exculpatory clauses
9.32 Poisoning from lead-based paint
9.33 Implied warranty of habitability: In general
9.34 -Short-term lease of furnished housing
9.35 -Modern trend
9.36 -Liability for personal injuries or property damage
9.37 Liability based on general negligence principles
9.38 Strict liability in tort

Chapter 10: Suits Against Government

Sections

A. Federal Government

10.1 In general
10.2 Exclusions
10.3 Applicable law
10.4 Child trespassers: In general
10.5 -Explosives
10.6 -Other hazards
10.7 Federal government buildings and grounds: In general
10.8 -Post offices
10.9 -Hospitals
10.10 -National parks
10.11 -National monuments and museums
10.12 -Miscellaneous premises
10.13 Federal government as landlord
10.14 Liability of the United States as an employer of independent contractors
10.15 -Injuries resulting from dangerous condition or activity
10.16 -Injuries resulting from government's negligence
10.17 -Injuries resulting from independent contractor's negligence

B. State Governments

10.18 In general
10.19 Injuries in state parks
10.20 Injuries in state buildings
10.21 Liability as employer of independent contractor
10.22 Counties

C. Municipalities

10.23 In general
10.24 Abrogation of the governmental-vs.-proprietary-function distinction
10.25 Duty to entrants

D. Public Housing Authorities

10.26 In general
10.27 Duties as landlord: In general
10.28 -Statutory duties
10.29 -Prevention of harm from the negligent or criminal conduct of third persons
10.30 -Exculpatory clauses
10.31 -Notice

Chapter 11: Liability Of Owners And Occupiers For Harm Caused By Criminal Acts Of Third Persons

Sections

11.1 In general

A. Liability Of Occupiers

11.2 In general
11.3 Duty to prevent criminal activity: In general
11.4 -Off-premises injuries
11.5 -Non-business premises
11.6 -Proof of foreseeability
11.7 -Policy considerations
11.8 -Standard of care
11.9 -Causation
11.10 -Night depositories and automatic teller machines
11.11 Duty to protect entrants once criminal episode has begun
11.12 -Standard of care

B. Liability Of Landlords

11.13 Traditional rule
11.14 Kline v. 1500 Massachusetts Ave. Apartment Corp.
11.15 Impact of Kline
11.16 Summary
11.17 Foreseeability
11.18 Liability of public housing authorities
11.19 Liability of condominium association

Chapter 12: Liability Of Dramshop Owners, Social Hosts And Others For Harm Caused By Intoxicated Persons

Sections

12.1 In general

A. Dramshop Liability

12.2 Dramshop liability: Historical overview
12.3 Duty: In general
12.4 -Judicial deference to legislature
12.5 -Preemption
12.6 -Penal statute as source
12.7 -Policy considerations
12.8 -Analogy to negligent entrustment
12.9 -To whom owed
12.10 Standard of care: In general
12.11 -Not to serve minors
12.12 -Not to serve visibly intoxicated persons
12.13 -Proof of visible intoxication
12.14 -Not to serve drunkards and other incompetents
12.15 -Need to take further protective measures
12.16 Cause-in-fact: In general
12.17 -But-for causation
12.18 -Multiple defendants
12.19 Proximate cause
12.20 Defenses

B. Beyond The Dramshop

12.21 Liability of social hosts: In general
12.22 -Duty
12.23 Liability of employers
12.24 Other extensions of liability

Bibliography

Table Of Cases

Index