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Shopper Was Trespasser for Parking in Wrong Parking Spot
Description Idaho high court affirmed trial court decision that a shopper who parked in parking space reserved for patrons of a store that she did not patronize was a trespasser. As such, store owner was not liable to her when she fell in a hole in the parking lot and was injured.
Topic Torts
Key Words Premises Liability, Trespass
C A S E   S U M M A R Y
Facts Peterson was injured when she fell in a pothole next to her car that she had parked in a space clearly reserved for customers of a store she did not patronize. She sued the store for premises liability based on negligence in maintenance of the parking lot. District court granted storeowner summary judgment; Peterson appealed.
Decision Affirmed. The duty of a landowner to a person injured on the land depends on the status of the injured person: invitee, licensee, or trespasser. Peterson was a trespasser. A landowner's duty to a trespasser is to refrain from willful or wanton acts that might cause injury. That did not occur in this case, so suit was properly dismissed.
Citation Peterson v. Romine, 960 P.2d 1266 (Sup. Ct., Ida., 1998)

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