2011©cengage learning. all rights reserved.. landowner’s liability for injuries 2011©cengage...
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2011©Cengage Learning. All Rights Reserved.
Landowner’s Liability
for Injuries
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DUTY OWED TO PEOPLE ONTHE OWNER’S PROPERTY General Liability Trespasser Licensee Invitee Law before 1968 Problems
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New Rule
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
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 OFFTHE OWNER’S PROPERTY 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 General Background Common Law Rule Modern Law Looks to Foreseeability Semi-Public Leases
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Four Areas of Exposure
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
Nature Classification Per-Incident Nuisance
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Public & Private Nuisances 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
Injunction for Per Se Nuisances Injunction for Per-Incident Nuisances Balancing the Equities
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TREES
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
Obligation to Pay Spite Fences Fence Mistakenly on Neighbor’s Property
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ENCROACHMENTS
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
Creating Dangerous Conditions Failure to Correct Dangerous Conditions
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Lateral Support
Lateral Support Limitations of the Statute
Subjacent Support governed by the common law rules of support.
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Eminent Domain by State
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.
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