Basso v. Miller

Chief Judge Breitel

(concurring). I concur in the result reached by the majority but for different reasons.

Abandoning all the rules governing liability of a possessor to one injured on his property, rules evolved progressively in the common-law process over the past 200 years, the court substitutes an amorphous "single standard” of "reasonable care under the circumstances”. Apart from being unnecessary to decide this case, the substitution is deceptively simple; it raises more problems than it solves. Of course, any generality, if broad enough, will cover all cases, but no guidance is offered…