Friday, April 8, 2011
Dawn Bennett-Alexander (Georgia Business School) has posted The Changing Standard of Care Owed Licensees, Invitees and Trespassers: Mounsey v. Ellard (Howard Law Journal) on SSRN. Here's the abstract:
The courts had previously followed a strict regiment of analyzing what the status of a visitor to property was when determining the duty owed for injuries sustained there. Changing circumstances moved court to re-think this approach and use a more realistic one, such that someone like a firefighter responding to a fire on a premises who was injured could recover even though he may not fit the traditional status of an invitee.