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Standard of Care or Conduct Generally

Slip & Fall Claims and Premises Liability Presented by: Attorney Laurence W. Getman GETMAN, STACEY, SCHULTHESS & STEERE, P.A. Traditional Tort Elements Duty Breach Causation Injury. Standard of Care or Conduct Generally. Landowner’s Duty

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Standard of Care or Conduct Generally

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  1. Slip & Fall Claims and Premises LiabilityPresented by:Attorney Laurence W. GetmanGETMAN, STACEY,SCHULTHESS & STEERE, P.A.

  2. Traditional Tort Elements Duty Breach Causation Injury Standard of Care or Conduct Generally

  3. Landowner’s Duty Historical Perspective-Liability of Owners and Occupiers of Land Trespassers Licensees Invitees

  4. Current Law Intrusion not foreseeable/against will of landowner Intrusion foreseeable/not against will of landowner

  5. But See

  6. Voluntary Assumption of a Duty Carrignan vs. NH International Speedway

  7. Recreational Use Statutes

  8. Harvesting Statute

  9. Ski Areas

  10. Fireman’s Rule

  11. Other Immunities

  12. Current New Hampshire Law

  13. Attractive Nuisance

  14. See: William Morse, Administrator of Estate of Samuel Morse vs. Richard Goduti Man-made pond case

  15. Kellner vs. Lowney Hotel / Highway / Hotel

  16. Landowner duty to protect against criminal attack • None but: • Voluntarily assumed duty • Known defective condition Compare Innkeeper liability / common carrier duty based on special relationship.

  17. Hazardous Activities and Maintenance of Dangerous Instrumentalities on Land

  18. Delegation of Duties

  19. Wentworth vs. Gray Landowner has a non-delegable duty not to create a dangerous condition on its premises.

  20. Elliot vs. PSNH • General rule: Landowner not liable for negligence of independent contractor. • Exception: Inherently dangerous activities.

  21. Anthem vs. Holy Rosary Credit Union • Property owner who exercises no direct control over construction project DOES NOT have non-delegable duty regarding safety on the project if activity is not inherently dangerous. • Construction projects are not inherently dangerous. • BUT: • Duty to supervise project manager. • Duty to hire competent General Contractor.

  22. Vialenti vs. Net Properties, Inc. • Possessor of a business premises who employs an independent contractor to maintain premises subject to independent contractor’s negligence. • Cannot delegate the risk of non performance of liability. • It’s as if the landowner retained maintenance on its own hands.

  23. Natural Unnatural Natural and Unnatural Accumulations

  24. Landlord-Tenant Relationship

  25. Defenses • Historically, the two most common were: • Assumption of the risk • Contributory negligence • Recent trends in New Hampshire • “Last clear chance” doctrine • Comparative Fault • Townsend vs. Legere

  26. Dog Bite • Strict Liability (No Free Bite) • No Longer Treble Damages • No Bite or Contact Required • Trespasser / Other Tort • Minor’s Dog • Owner / Keeper • No Corso Under Statute

  27. Minors • S.O.L. 18 plus 2 • No parental vicarious liability for acts of children (but see dog bite statute) • No intra-family immunity

  28. Social Host Liability Reckless Standard

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