Fickling v. City Council of Augusta

Hall, Judge.

The law imposes on owners and occupiers of land the duty not to expose persons to unreasonable risks of harm created' by conditions on the land. Prosser on Torts, 2d Ed., 119, § 30; 2 Harper & James, The Law of Torts 1453, § 27.5; Restatement, Torts 925, § 339, Comment on Clause (d). Many decisions upon facts similar to those stated in this petition have held that owners and occupiers of land have no duty to take affirmative action to protect persons whom they do not invite on the land from the hazards of a pond. The reasoning of these decisions, some of which are cited infra, is…