Traditional common law rules of landowner liability

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Question

Ted is the owner of an empty lot located in Pennsylvania. In the past, Ted has permitted local residents to use the lot as a meeting place for community affairs and recreational activities. During one such instance in December of 2015, Ted permitted a local service club to erect a Christmas tree on the lot. The service club installed the Christmas tree by securing it with stakes in the ground and tying the trunk to the stakes. After the Christmas season when the club members removed the tree, they found that they were unable to remove the stakes due to their being frozen into the ground. In an attempt to dispose of the stakes the club members drove them into the ground and covered them with dirt. Ted mowed the grass in the lot regularly, but he maintained he did not know of the existence of the stakes and never saw the stakes while mowing the grass.

In the spring of 2016, a group of students got together for an impromptu football game at Ted's lot. For many years students and others in the community had often used Ted's lot to play sports, including football. While running to catch a pass one of the students, Mike, tripped over one of the stakes which had emerged from its position in the ground and sustained serious permanent injuries. Mike has retained an attorney to file a negligence lawsuit for damages against Ted.

Under the facts as set forth above, will Mike be successful in his lawsuit against Ted? Analyze the facts using and applying the traditional common law rules of landowner liability for trespassers, licensees and invitees, AND the rule adopted by the court in Rowland v. Christian.

Read Rowland v. Christian 70 Cal.Rptr. 97, 69 Cal.2d 108, 443 P.2d 561 (1968)

Reference no: EM133857323

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