Duty to Maintain Safe conditions

A landowner is under a duty to maintain the premises in a reasonably safe condition. A possessor is to use reasonable care in maintaining the premises. In certain cases, a possessor my be responsible for minor defects on the premises. The duty is satisfied when a defect is repaired or given warning of the apparent danger.

Duty to Warn

There is a duty to warn regarding hidden dangers on a premise. The duty extends to warning those defects that could have been discovered by the exercise of reasonable care. Therefore, reasonable inspections should be made in order to uncover dangerous conditions to the possessor. In order to satisfy the duty, an adequate warning must be given according to the given circumstances. Sometimes a warning may not be sufficient depending on the manner in which it was given. For example, the act of posting signs and making announcements may not be sufficient. However, if the danger is obvious, there is no duty to worn upon the patron.

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