September 22, 2011

A landowner's duty.

Practice point: Under New York common law, a landowner has a duty to maintain the premises in a reasonably safe condition, taking into account all the circumstances, including the likelihood of injury to others, the seriousness of the injury, and the burden of avoiding the risk.

Student note:A landowner's duty may arise under the common law, by statute, or by regulation.

Case: Alnashmi v. Certified Analytical Group, Inc., NY Slip Op 06465 (2d Dept. 2011).


Tomorrow’s issue: Summary judgment.