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· 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 CourtListener

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.