Duty: Landowner Liability Flashcards
True or false: With landowner liability, the status of the premises is important (vs. conduct of the P)
True.
Conditions of property important, not active misconduct of person on property
Status of the P on the land is important. Who decides their status? Judge or Jury?
Duty owed depends on the purpose of the entrants visit to the premises → Status is QOL
Can a P’s status change from the time they enter the land until they are harmed on the land?
Status can change while on the property, which determines the standard of care.
P wants the higher standard of care, D wants the lowest
What is a Trespasser defined by landowner liability? What standard of care do landowners owe them?
Trespassers → one who enters or remains on the property in the possession of another without the permission (express or implied) of the landowner.
The duty owed to trespassers was (and in many ways remains) extremely limited:
+ Doesn’t matter if the trespasser has knowledge of the trespassing.
+ Cannot willfully create hazard / injure, but no duty of reasonable care
+ “Watch out for yourselves”
What are some landowner liability trespasser exceptions?
1) Exception: Frequent or Known Trespassers
+ Known: duty to remove known dangers
+ Frequent: consent is implied (i.e. always cutting through property)
Duty for both: to warn of artificial or hidden dangers that owner is aware of; must act reasonably under the circumstances.
2) Exception: Child Trespassers → “Attractive Nuisance”
+ Injuries to children unaware, because of immaturity, of the risks
Duty: Possessor of land subject to liability for physical harm to child trespassing caused by artificial condition upon the land if possessor knows children likely to trespass;
+ Possessor knows and realizes that condition will involve unreasonable risk of death or serious harm to children; children do not realize risk because of youth;
+ Burden of eliminating danger slight compared to risk to children; AND possessor fails to use reasonable care to eliminate risk or protect children
What is a licensee and what duty is owed to them by landowners?
Licensees → Someone who enters the land with the express or implied consent of the land possessor, as is the case with social guests.
The licensee takes the property in the condition in which the land possessor uses it.
A land possessor may be liable to a licensee injured by a condition on the property where
+ Land possessor knows of a dangerous condition on the
property,
+ Fails to make the condition safe or to warn the licensee about the risk involved, AND
+ Licensee does not know about the danger nor would be expected to discover the dangerous condition.
Where the presence of a licensee is known or should be known to the defendant, most jurisdictions require land possessors to use reasonable care in carrying out activities on the property.
What is an invitee and what duty is owed to them by a landowner?
Invitees → Two primary types of invitees:
1) Business invitees are on the premises for the potential financial benefit of the
land occupier
2) Public invitees are on land held open to the public at large
+ Invitees should have the premises properly prepared for them → exercise reasonable care in maintaining the premises and in their activities
+ This often entails taking affirmative steps to discover dangers on the property. The obligation of the land possessor to an invitee then is one of reasonable care.
What are the jurisdictions for open and obvious dangers with invitees?
Open and Obvious dangers - two jurisdictions:
1) No duty because danger apparent (kinda like assumption of the risk or comparative negligence)
2) Still duty if open and obvious
Jury will determine if it’s open and obvious
Should the distinction between Licensee and Invitee be eliminated?
+ Some plaintiffs denied recovery merely because of purpose of the visit
+ Maybe just place focus on foreseeability and reasonability to determine reasonableness:
1) foreseeability of harm
2) purpose of harm
3) time, manner, circumstances of visit
4) use to which premises put or expected to be put
5) reasonableness of inspection, repair, warning
6) opportunity and ease of repair or correction or giving warning
7) burden on land occupier
What is the difference between flagrant and regular trespasser jurisdictions?
Flagrant vs. Regular trespasser Jurisdiction
+ Specific list of offenses b/c no landowner should owe a duty of care to someone who’s coming to do bad things on their property
+ Breaks down the categories even further
What duty does a landlord owe to a tenant?
Landlord liable in tort only if the injury
+ Hidden danger which landlord but not tenant aware
+ Premises leased for public use
+ Premises retained under landlord control; OR
+ Premises negligently repaired by landlord
Explain how the Carter v. Kinney case relates to landowner liability
Because there’s no material benefit to the landowner (not an invitee), the P who slipped and fell was merely a licensee/social guest
Invitee standard of care
RP + heightened standard of care → scrape the driveway completely, escort guests up to the house
Licensee standard of care for social guests
Take it as we do → salt the driveway, put up a sign at best
Status makes a difference in duty
Social invitee not a “thing” in MO → lumped under licensee
How did the Hein v Webster County case relate to landowner liability?
Invitee or licensee? Licensee
No duty to warn to licensee
Dad was there to visit his daughter who worked at the hospital
Court thinks that’s silly, eliminates distinction between licensee and invitee
