Friday, April 8, 2011

Bennett-Alexander on Standard of Care Owed to Visitors

Dawndba 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.

Steve Clowney

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