The Law of Premises Liability

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This newly-revised treatise addresses one of the most frequently asserted theories of recovery in the field of tort law, personal injury actions brought by entrants against owners or occupiers of land. The Law of Premises Liability is an extensively-researched and highly-readable volume providing up-to-date coverage of all issues relating to premises liability.

Discussing the latest case law from all 50 states, this volume remains the most complete and up-to-date resource available on the law of premises liability.

Authors / Contributors

Table of Contents

 Chapter 1: Introduction





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