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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Stoiber v. Honeychuck, 101 Cal. App. 3d 903 (1980)

Citation
Stoiber v. Honeychuck, 101 Cal. App. 3d 903 (1980)
Parent Document
Stoiber v. Honeychuck, 101 Cal. App. 3d 903 (1980)
Jurisdiction
California (state)
Effective Date
1980-02-05

Other Sections in This Document (161)

Full Text

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“The trend of decisions in other jurisdictions is to follow California’s lead in applying ordinary rules of negligence to owners and occupiers of land. ‘If this trend continues, questions of possession and control, answers to which have been prerequisite to even a consideration of the negligence of an owner or occupier of land, will everywhere be relevant only as they bear on such basic tort issues as the foreseeability and unreasonableness of the particular risk of harm. The direction the law is now taking clearly is toward “imposing on owners and occupiers a single duty of/reasonable care in all the circumstances.””’ (3 Witkin, Summary of Cal. Law (8th ed. 1978 supp.) § 453A, pp. 132-133, italics added; see also Uccello v. Laudenslayer (1975) 44 Cal.App.3d 504, 513 [118 Cal.Rptr. 741, 81 A.L.R.3d 628]; Golden v. Conway (1976) 55 Cal.App.3d 948, 955, 959 [128 Cal.Rptr. 69].)