Duty of care Flashcards
standard duty of care
reasonable prudent person under the circumstances presented
rescuers
D is liable even if not D didn’t foresee it
(rescue is always foreseeable)
emergency personnel
NOT liable for any injuries resulting from a risk inherent to the job
considered a licensee (no duty to inspect)
specialized standards of care categories
- children
- common carriers & innkeepers
- professionals
- custom or usage in an industry
children
held to the standard of care of a reasonable child of similar age, experience, education, intelligence, and experience
adult activies exception: held to adult standard of care
common carrier & innkeeper
utmost care standard
liable for even slight negligence to passengers/guests
professionals
must act with the knowledge and skill of a member of their profession in good standing in similar communities
medical professional
national medical standard of care
physical disability
take in consideration physical disability but ordinary mental capacity and knowledge
custom or usage in an industry
does NOT establish liability BUT is relevant to establish standard of care
unknown or undiscovered trespassers
no duty is owed
anticipated trespassors definition
owner has reason to believe of trespassers on her land
anticipated trespassors duty of care
reasonable care for activities + warn of known dangerous conditions
attractive nuisance doctrine for child trespassers
reasonable care to eliminate or protect children from dangers if:
1. she is aware or should be aware of a dangerous condition on her property
2. she knows or should know children are in the vicinity
3. the** condition is likely to cause injury** given a child’s inability to appreciate the risk
4. the **magnitude of the risk outweighs its utility **or the expense of remedying it
licensee defintion
one who enters with owner’s permission for his own purpose or benefit NOT landowner’s benefit
relatives, friends, social guests
No duty for outside of scope of invitation
invitee definition
one who enters land held open to the public or who enters with owner’s permission** to confer a commercial benefit to owner**
store patron, concert-goer
Employees-only area outside of scope of invitation (not duty for outside of scope of invitation)
licensee duty of care
- use **reasonable care for activities **carried out on property
- make dangerous conditions known and safe NOT to repair
NO duty to inspect or repair
invitee duty of care
- use **reasonable care for activities **carried out on property
- make dangerous conditions known and safe NOT to repair
- duty to inspect - reasonable inspection for non-obvious dangers and make them safe
NO duty to repair
