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Peterson V. Balach, Obvious Dangers, And The Duty Of Possessors Of Land In Minnesota, Michael K. Steenson
Peterson V. Balach, Obvious Dangers, And The Duty Of Possessors Of Land In Minnesota, Michael K. Steenson
Faculty Scholarship
The purpose of this article is to analyze Minnesota landowners law, with particular emphasis on the impact of Peterson v. Balach. Following a short history of Minnesota law governing possessors’ duties, including a discussion of pre-Peterson v. Balach and Adee v. Evanson cases, the article considers the question of why the courts, post-Peterson v. Balach/Adee v. Evanson, regularly return to pre-Peterson forms to resolve possessor liability issues, particularly in cases involving obvious dangers, and whether the phenomenon is a result of a wrong turn or is a reflection of a conscious policy choice intended to effectively repudiate the progressive position …
The Fault Concept In Personal Injury Cases In Minnesota: Implications For Tort Reform, Michael K. Steenson
The Fault Concept In Personal Injury Cases In Minnesota: Implications For Tort Reform, Michael K. Steenson
Faculty Scholarship
Legislative tort reform proposals have attempted to restore what is perceived to be an imbalance in the tort-litigation system by limiting tort recoveries. One of the motivating factors behind tort reform proposals is a concern that tort law has deviated from a fault-based system of liability. It is this concern over the structure of the fault system in Minnesota that is the subject of this Article. This Article examines Minnesota Supreme Court opinions of the 20th Century to determine whether the court's decisions deviated from a fault-based system of liability. The focus is on change, accepted and rejected. The purpose …
The Anatomy Of Products Liability In Minnesota: The Theories Of Recovery, Michael K. Steenson
The Anatomy Of Products Liability In Minnesota: The Theories Of Recovery, Michael K. Steenson
Faculty Scholarship
The law of products Iiability has undergone a dramatic evolution since MacPherson v. Buick Motor Co. As a result of this rapid development, substantial uncertainty as to the scope of liability of product manufacturers and sellers exists. The purpose of this Article is to eliminate some of that confusion. After tracing the history and development of the law of products liability in Minnesota, the author discusses the various elements and standards of strict Iiability. Finally, the author proposes several jury instructions that help clarify the relationship between strict liability and negligence. Throughout the Article, Minnesota is used as a model …