Legal Opinion · Dissent

Steichen v. Talcott Properties, LLC

Montana Supreme Court

Decided January 8, 2013No. DA 11-0778Published

1DissentJustice Rice

¶23 I believe the Court extends our premises liability precedent to a point that is ill-conceived. When this Court abandoned the “trichotomy” of traditional entrant categories of invitee, licensee, and trespasser in favor of a single, uniform standard, it was not done, in my view, with the purpose of imposing on landowners a universal duty of care to every entrant, regardless of the facts or circumstances. Because I believe the Court’s decision in this case is so founded, and is contrary to the sound public policy of not imposing duties for hazards inherent in the work an independent…

2Cases cited8 opinions

  1. Jones v. Chevron U.S.A., Inc.Wyoming Supreme Court · 1986
  2. Fisher v. Swift Transportation Co.Montana Supreme Court · 2008
  3. Carter v. KinneySupreme Court of Missouri · 1995
  4. Richardson v. Corvallis Public School District No. 1Montana Supreme Court · 1997
  5. Cassano v. AschoffNew Jersey Superior Court Appellate Division · 1988

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