Berman v. Sitrin’s Empirical Analysis

Citation profile

1 district · 28 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"an owner of land who either directly or indirectly invites or permits without charge any person to use that property for recreational purposes does not thereby: "(1) Extend any assurance that the premises are safe for any purpose; "(2) Confer upon that person the legal status of an invitee or licensee to whom a duty of care is owed; nor "(3) Assume responsibility for or incur liability for any injury to any person or property caused by an act of omission of that person."”

   3 later decisions quote this exact passage
   e.g. Kathleen Carlson v. Town of South Kingstown · Dawn K. Roy, in her capacity as the administratrix of the estate of Brett A. Roy v. State

2. “[f]or the willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity after discovering the user's peril[.]”

   3 later decisions quote this exact passage
   e.g. Kathleen Carlson v. Town of South Kingstown · Tara J. Cancel, as Administratrix of the Estate of Ira Lukens v. City of Providence

3. “landowners who open their land to the public for recreational use owe no duty to users of the property other than to refrain from willful or wanton conduct after a user of the property is discovered in peril.”

   2 later decisions quote this exact passage
   e.g. Tara J. Cancel, as Administratrix of the Estate of Ira Lukens v. City of Providence · Austin Yattaw v. The City of East Providence