Torts - Possessor's Duty to Invitees Confronting Dangerous Conditions -
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Bulmer, Peter R.
INTRODUCTION|The touchstone of the law of negligence is the reasonable person. Society invests this mythical being with new life each time a jury, in the exercise of its collective wisdom and common sense, delineates facts and evaluates behavior. The result of this evaluation must then meet the requirements of the law. The jury thus acts as a"safety valve" for the ineluctible conflict between the autocratic law and the democratic society. The judge, as the representative of the law, rarely obstructs the functioning of this safety valve. But, where no genuine issue of material fact exists, neither does a role for the jury exist, and no buffer separates the law and one who stands before it. The recent Nebraska Supreme Court case of Bruyninga v. Nuss brings to the forefront this friction between the judge and jury...
18 Creighton L. Rev. 577 (1984-1985)
Creighton University School of Law