Case Overviews

Taylor v. Olsen (1978)

Facts:

Taylor was injured when her car struck a tree that had fallen from Olsen’s property onto a public road.

Issue:

Is the level of care a possessor of land must use to prevent an unreasonable risk of harm different for urban and rural dwellers?

Rule:

A possessor of land must exercise reasonable care, given the circumstances of the individual case, to prevent an unreasonable risk of harm. This applies whether they are urban or rural dwellers.

Note:

This case rejects the traditional urban/rural distinction still followed by a majority of jurisdictions.