· 9/9/2005
South v. McCarter
Citations
- 280 Kan. 85
- 119 P.3d 1
- 2005 Kan. LEXIS 458
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that plaintiffs injuries were not foreseeable where a mobile home park did not have any specific information about an at-' tacker’s past conduct and the actual risk involved with having him on the property
- noting that “in most cases we have not found an undertaking sufficient to give rise to a duty”
- finding that a land- lord’s failure to follow its rental agreement and community guidelines did not impose a duty to protect its tenants
- finding no evidence of previous fights involving child accused of injuring the plaintiff, another child that lived in the same mobile home park as the accused
- injury is foreseeable so as to give rise to duty of care when defendant knows or reasonably should know that conduct will likely result in harm
- a risk of harm is foreseeable when a reasonably prudent person would take that risk into account given the circumstances
Source: CourtListener parenthetical corpus (CC0).
Judges: Davis, Luckert, Lockett, Solomon
Read full opinion on CourtListenerSourced 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.