Wilsey v. Campbell

3 Citing cases

  1. Nelsen v. Nelsen

    174 Or. App. 252 (Or. Ct. App. 2001)   Cited 14 times
    Holding that a triable issue existed as to the adequacy of the warning because it provided insufficient information about the nature of the risk for the plaintiff to take "preventive action"

    Specifically, if an occupier of a premises "has knowledge of the risk which the condition of the premises creates, his duty to [warn] an invitee or a licensee is the same." Wilsey v. Campbell, 255 Or. 420, 422, 467 P.2d 964 (1970). Consequently, in this instance, we need not resolve whether plaintiff was an invitee or a licensee at the time of the accident in order to resolve the issue of whether the trial court erred when it concluded that defendant did not breach a duty to warn plaintiff of the hazard posed by the plastic.

  2. Fazzolari v. Portland School Dist. No. 1J

    303 Or. 1 (Or. 1987)   Cited 391 times
    Determining that reasonable factfinder could find sexual assault on school grounds to have been a foreseeable risk where a woman was reportedly sexually assaulted on the grounds fifteen days earlier and there were allegations of other attacks as well

    Some recent opinions on common-law liability for unsafe conditions on land have continued to refer to "duties" accompanying the status of a possessor, although the Restatement of Torts did not. See, e.g., Taylor v. Olsen, 282 Or. 343, 578 P.2d 779 (1978); Wilsey v. Campbell, 255 Or. 420, 467 P.2d 964 (1970); cf. Woolston v. Wells, 297 Or. 548, 553, 687 P.2d 144 (1984). Compare Restatement (Second) Torts §§ 328E-387 (1965).

  3. Tijerina v. Cornelius Christian Church

    539 P.2d 634 (Or. 1975)   Cited 15 times
    Interpreting Oregon's recreational use statute

    When the possessor of land has knowledge of a risk unknown to the plaintiff which the condition of the land creates, he is under a duty to warn which runs equally to an invitee or licensee. Wilsey v. Campbell, 255 Or. 420, 467 P.2d 964 (1970). 2 Harper James, Law of Torts § 27.9, p. 1472 (1956); Prosser on Torts § 60, p. 391 (3d ed 1964).