Alcaraz v. Vece

BAXTER, J.—I

respectfully dissent. In doing so, I agree with many of the criticisms leveled against the majority opinion by Justices Kennard and Brown. As they suggest, the majority have created a new, vague, dangerous, and unreasonable form of premises liability against persons who merely volunteer for limited caretaking activities on their neighbors’ land. The limits of the rule applied by the majority are not clearly articulated, and the majority’s recognition of possible liability in this case cannot be justified under the balancing test pertinent to the existence of a tort duty, as set…