• 1995 - Duty of Owner, Occupant, or Lessor of Premises
  • C-17.08
    • Business
    • Dangerous Conditions
    • Landlord And Tenant
    • Tort Liability
  • The [owner] [occupant] [lessor] of premises must act as a reasonable person in maintaining the premises in a reasonable, safe condition in view of all the circumstances. This includes but is not limited to the likelihood of injury to another, foreseeability of the entry, the seriousness of the injury, and the burden of avoiding the risk of injury.
    • Johanson v. Nash Finch Co., 216 NW2d 271 (ND 1971)
    • O'Leary v. Coenen, 251 NW2d 746 (ND 1977)
    • Sendelback v. Grad, 246 NW2d 496 (ND 1976)
  • Notes: In cases involving a “business invitee,” the Pattern Jury Instruction commission suggests reviewing Johanson v. Nash Finch Co., 216 NW2d 271, 276 (ND 1971), quoting Prosser, Law of Torts, (4th ed.), § 61, 392-93. The Pattern Jury Instruction Commission notes that additional instructions regarding factors to be considered by the Jury may be required in some cases. Johanson, 216 NW2d at 277-78.