Thursday, August 21, 2014

A landowner's duty to warn.

Practice point:  A property owner must act as a reasonable person in maintaining his or her property in a reasonably safe condition in view of all the attendant circumstances. Encompassed within this duty is the concomitant duty to warn those lawfully on the premises of potentially dangerous conditions that are not readily observable.

Student note: Landowners who have or should have reason to expect that persons will find it necessary to encounter the danger, owe a duty of reasonable care to either warn such persons of the danger or to take other reasonable steps to protect them from it.

Case: Fernandez v. Rutman, NY Slip Op 05769 (2d Dept. 2014).

Here is the decision.

Tomorrow's issue: A worker's fall from a ladder.