Land Duties Flashcards
Unknown Trespasser
No duty
Known Trespasser
Duty to warn of known dangers
Licensee
Duty to warn of known dangers
Invitee
A duty to use reasonable care to inspect, discover, and protect invitee-from dander
A land possessors duty to invitees is
non delegable
How can an invitee become a trespasser ?
Scope of the invitation
Virginia invitee
Does not have a duty to protect the invitee from open and obvious dangers, only ones that the invitee would not realize
Virginia Child Social Guest
A host exercises reasonable care for the safety of a child social guest if the host makes sure that the child is supervised by a parent and secures the parent’s permission for the activity leading to the injury
Virginia Invitee criminal acts
A landowner or a landowner is not under a duty to protect her invitees from the criminal acts of a third party unless there is a special relationship with the P or the criminal actor.
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The landowner is not under a duty merely because she has knowledge of prior criminal activity by unknown persons on her land or on nearby land
However if the LP has knowledge that there is imminent danger of criminal assault, she does have a duty to warn and protect her invitees
Virgina has abandoned
Attractive nuisance doctrine.
However, A land possessor will be liable for leaving an instrument with a hidden danger on part her land that is easily accessible to children that is known to be frequented by children (electrical wires)
Attractive Nuisance Doctrine
D may be liable for injuries to children trespassing on land if
1) an artificial condition exists in a place where the land possessor knows or has reason to know that children are likely to trespass
2) The land possessor knows or has reason to know that the condition poses an unreasonable risk of death or serious bodily injury to children ;
3) The children because of their youth cannot appreciate the danger presented by the condition ; and
4) The land possessor fails to exercise reasonable care to protect the children from the harm
