2011©Cengage Learning. All Rights Reserved.

Landowner’s Liability for Injuries 2011©Cengage Learning. All Rights Reserved.

DUTY OWED TO PEOPLE ON THE OWNER’S PROPERTY General Liability Trespasser Licensee Invitee Law before 1968 Problems 2011©Cengage Learning. All Rights Reserved.

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 2011©Cengage Learning. All Rights Reserved.

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. 2011©Cengage Learning. All Rights Reserved.

DUTY OWED TO PEOPLE OFF THE OWNER’S PROPERTY Landowner has no duty to or liability for injuries to people outside the land. Exceptions for Adjoining Property. Exceptions for Sidewalks. 2011©Cengage Learning. All Rights Reserved.

LIABILITY OF LANDLORD FOR INJURIES General Background Common Law Rule Modern Law Looks to Foreseeability Semi-Public Leases 2011©Cengage Learning. All Rights Reserved.

Four Areas of Exposure Landlord Contractually or Voluntarily Repairs Common Area Existing Nuisance or Public Safety Violation Landlord Has Knowledge of Dangerous Condition 2011©Cengage Learning. All Rights Reserved.

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.” 2011©Cengage Learning. All Rights Reserved.

NUISANCES Nature Classification Per-Incident Nuisance 2011©Cengage Learning. All Rights Reserved.

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. 2011©Cengage Learning. All Rights Reserved.

Remedies for a Nuisance Injunction for Per Se Nuisances Injunction for Per-Incident Nuisances Balancing the Equities 2011©Cengage Learning. All Rights Reserved.

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 2011©Cengage Learning. All Rights Reserved.

FENCES Obligation to Pay Spite Fences Fence Mistakenly on Neighbor’s Property 2011©Cengage Learning. All Rights Reserved.

ENCROACHMENTS That part of a building or other structure that extends onto the land or airspace of a neighbor’s property. Remedies 2011©Cengage Learning. All Rights Reserved.

STORM DAMAGE Creating Dangerous Conditions Failure to Correct Dangerous Conditions 2011©Cengage Learning. All Rights Reserved.

Lateral Support  Limitations of the Statute Subjacent Support  governed by the common law rules of support. 2011©Cengage Learning. All Rights Reserved.

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. 2011©Cengage Learning. All Rights Reserved.