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Bolton Et Al V Golden Business Incdaily Report Form

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MPI 12.00 Premises Liability - General Duty The defendant has the duty to exercise ordinary care to keep his premises reasonably safe for all persons who forseeably might [properly] come upon them, and to warn such persons of any hidden or lurking danger upon [or adjacent to] such premises. Comments: (1) Whether the word "properly" should be used in cases involving trespassers depends on the trial court's interpretation of the Supreme Court's intent in Limberhand; supra. @ 1465 and 1469. (2) This instruction should not be used in cases involving claims by persons making recreational use of property, waters, or land and governed by the 1987 amendments to Sections 27-1-701, 23-2-321 and 70-16-302 MCA. With regard to status distinctions between recreational users of property, water or land, see Sections 23-2-321, and 70-16-302, MCA. (3) With regard to cases involving ski area operators and skiers arising before 4/4/89, see Brewer v. Ski Lift, 762 P.2d 226, 45 St. Rep. 1769 (1988). For cases arising after 4/4/89, see MCA 23-2-731, et. seq. Source: See Section 27-1-701, MCA, quoted in Limberhand, 706 P.2d at 496, 42 St. Rep. at 1465; id at 498-99, 42 St. Rep. at 1468-69; Corrigan v. Janney, 626 P.2d 838, overruled on other grounds, Meech v. Hillhaven West Inc., 776 P.2d 488 (1989); and Kaiser v. Town of Whitehall, 718 P.2d 1341 (1986).

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