Ned Flanders to Homer Simpson: “About those things you borrowed from me over the years, you know, the TV trays, the power sander, the downstairs bathtub—You gonna be needing those things in Cypress Creek?” Homer: “Yes.” In this case, a neighbor was injured on a landowner’s property while returning a borrowed propane tank when the landowner was away. Landowner claimed his neighbor was trespassing because he did not give his neighbor express consent to enter his land. The trial court agreed. The court of appeals reversed and determined that under the premises liability statute, a person who has implied consent to enter land is not a trespasser. Here, Neighbor was either an invitee or a licensee because he had a key, was a good friend, and borrowed an item expecting to return it. Thus, the landlord was obligated to use reasonable care with respect to dangerous conditions on his property.
← Gary Justus, et. al. v. Colorado Public Employees’ Retirement Association, et. al., 2012COA (October 11, 2012)
October 11, 2012 · 3:00 pm