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June 07, 2007

The Oregon Court of Appeals on premises liability: Is the UPS man an invitee or a licensee?

Do you have to warn the UPS delivery person about your slippery front steps?  Maybe so, according to the Oregon Court of Appeals in an opinion issued yesterday.  In Johnson v. Short, the court held that a delivery driver who routinely delivers packages to a residence is a "business invitee" and not a "licensee."  The possessor of the premises has a duty to use due care for the safety of his invitee, while he has less responsibility for the safety of a mere licensee.  In the Johnson case, the court reversed summary judgment for the defendant and remanded the case for trial on, among other things, whether the delivery man realized just how slick the moss-covered steps were.

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