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· 7/21/1999

Mallet v. Pickens

Citations

  • 522 S.E.2d 436
  • 206 W. Va. 145
  • 1999 W. Va. LEXIS 119

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the trier of fact must consider the factors
  • abolishing the distinction between the common law duties owed by landowners to licensees and invitees
  • interpreting West Virginia common law to avoid an “illogical, counterintuitive outcome”
  • “[L]andowners or possessors now owe any non-trespassing entrant a duty of reasonable care under the circumstances.”
  • “The common law distinction between licensees and invitees is hereby abolished; landowners or possessors now owe any non-trespassing entrant a duty of reasonable care under the circumstances.”
  • “Today we make our own assessment of the reasonableness of the ancient common law distinction between licensees and invitees, and find that it does not comport with the present condition of our society.”

Source: CourtListener parenthetical corpus (CC0).

Judges: McGRAW

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.