Brief 003-landlord tort immunity-premises-state court

Plaintiff’s claim not prevented by open and obvious doctrine.

Summary Judgment precluded by Special Aspects Doctrine.

Oklahoma applies Special Aspects and imposes a duty beyond mere warning.

Rule of landlord tort immunity expressed in Godbey V. Barton, Alfe V. New York Life Ins. Co., and similar cases should be overruled.

Rule of Landlord Tort Immunity archaic rule that has outlasted its usefulness.

Modern majority rule–no special immunity for landlords.

legislature has Abrogated the Ancient Rule of Landlord Tort Immunity.

Rule of Landlord Tort Immunity no longer part of e common law.

Policy concerns favor the modern common law rule: general principles of tort allocation; factors unique to the landlord tenant relationship counsel placing the duty to repair upon the landlord rather than the tenant.