• 2003 - Duty of Possessor to Lawful Entrant - Injury Caused by Condition of Premises
  • C-17.10
    • Dangerous Conditions
    • Landlord And Tenant
    • Tort Liability
    • Tort Liability
  • A possessor of land owes a duty to a lawful entrant upon the premises to use reasonable care to [inspect and repair the premises] [or] [warn the entrant] in order to protect the entrant from an unreasonable risk of harm caused by the condition of the premises while the entrant is on the premises.

     

    In determining reasonable care of the possessor, the following factors may be considered:

     

    1) The purpose for which the entrant entered the premises;

     

    2) The circumstances under which the entrant entered the premises;

     

    3) The use to which the premises is put or expected to be put;

     

    4) The foreseeability or possibility of harm;

     

    5) The reasonableness of the inspection, repair, or warning; and

     

    6) The opportunity and ease of repair or correction or the giving of the warning.

    * * * * *

    • 12.1-25-03
    • Johnson v. Nash Finch Co., 216 NW2d 271 (ND 1974)
    • Rittenour v. Gibson, 2003 ND 14, 17, 656 NW2d 691
    • Sendelback v. Grad, 246 NW2d 496 (ND 1976)
    • State v. Hidanovic, 2008 ND 66, 747 NW2d 463
  • Notes: