Vanderbilt Law Review


Donald W. Fish

First Page



In modem tort law, the liability of occupiers of land for their negligence depends in the first instance upon the status of the plaintiff upon the premises. This status generally determines the level of duty which the occupier owes him, and a vast body of case law has developed dealing with the many aspects of the question.Of the myriad classes of persons to whom some duty of care maybe owed by an occupier, perhaps those who enter the premises by virtue of a legal right, and irrespective of the consent of the occupier, present the most elusive problems in analysis. It is the purpose of this article to investigate the liability of occupiers of land to the following broad categories of persons who enter the premises as of legal right: (1) firemen and policemen acting in their official capacities, (2) other public employees acting in the scope of their employment, and (3) persons who enter the premises pursuant to a privilege for the purpose of saving persons or property from harm.

Included in

Torts Commons