What is the standard for determining liability of a landowner to an injured person who entered his property without permission?
The following excerpt is from Scurti v. City of New York, 354 N.E.2d 794, 387 N.Y.S.2d 55, 40 N.Y.2d 433 (N.Y. 1976):
Today the court has held that the liability of a landowner to one injured upon his property should be governed, not by the ancient and antiquated distinctions between trespassers, licensees, and invitees decisive under common law, but rather by the standard applicable to negligence cases generally, i.e., the 'standard of reasonable care under the circumstances where by foreseeability shall be a measure of liability' (Basso v. Miller, 40 N.Y.2d 233, 241, 386 N.Y.S.2d 564, 568, 352 N.E.2d 868, 872). This case involves the further application of that standard and consideration of those factors, conclusive under prior law, which may continue to have some relevance in determining a landowner's liability for injury to one who concededly entered his property without permission.
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