Walton v. Norphlett

Mr. JUSTICE LINN,

specially concurring.

I must agree with the decision reached by the majority. It is in conformance with traditional negligence principles governing the duty of an owner or occupier to persons coming onto the land. There is, however, merit in the plaintiff s challenge that the time has come for the courts to reevaluate the application of the arbitrary categories of trespasser, licensee and invitee, to determine the liability of a landowner for injuries to persons who have entered upon the land.

The rules regarding the liability of a possessor of land are a departure from the…