Land Possessor Liability

Question 1

Who is an Invitee?

Answer 1

person who enters onto the defendant’s land at the defendant’s express or implied invitation, and who enters for a purpose relating to the defendant’s interests or activities

Question 2

Types of invitees

Answer 2

1. Business Invitee
   
   1. Invitee who enters onto ∆’s land for purpose related to ∆ business activites/interest
2. Public Invitee
   
   1. Member of the public who enters onto ∆’s land because land is held open to the public

Question 3

Duty owed to invitee?

Answer 3

1. Duty to exercise reasonable care to:
   
   1. Prevent injury
   2. Discover dangerous aritifical conditions that invitiess would not reasonably be aware of
   3. Warm invitess of existence of the dangerous conditions

Question 4

Who is a Licensee

Answer 4

A person who enters onto ∆’s land

with ∆’s express OR implied permission

Question 5

Duty owed to Licensee?

Answer 5

∆ has duty to exercise reasonable care to:

• Warn
• Protect

Question 6

Who is a Trespasser

Answer 6

Person who enters ∆’s land without ∆’s permission

OR

without privilege to enter

Question 7

Types of trespassers:

Answer 7

1. Known
2. Unknown
3. Frequent
4. Children

Question 8

Trespassers

∆ must not:

Answer 8

Inflict willful or wanton harm

Question 9

Duty owned to unknown trespassers

Answer 9

Land possessor has no duty of care to an uknown trespasser

No duty to inspect land to discover unknown trespassers

Question 10

Duty owed to known or frequent trespasser

Answer 10

Duty to exercise reasonable care to:

• Protect from activies conducted on ∆’s land
• Warn known trespasser of hidden dangers of which ∆ is awere

*no duty to protect K.T. from injuries deriivng from natural conditions of ∆’s land

Question 11

Duty to Children Trespassers

(Attractive Nuisance Doctrine)

Answer 11

5 Factors:

1. Is child too young to appreciate the danger?
2. Is it foresee that children are likely to trespass?
3. Does ∆ know of the dangerous condition of the property?
4. Applicable only to artificial conditions
5. Is the risk so great that it outweighs the utility and the burden that would be placed on the defendant?

**If 5 factors are met, child is treated as invitee

Question 12

Police and firefighters

Answer 12

Treated as licensees

Question 13

Duty Owed Chart

Answer 13

Question 14

Plaintiffs Not on the Land

Answer 14

Duty to:

• prevent injury from ∆’s activies or those conducted on the land
• prevent injry from unreasonably dangerous artificial conditions that abut or protrude onto adjacent land
• protect passerby from tree but only if it’s in an urban area

Question 15

Landlord are not liable unless:

Answer 15

1. Common area – an area that landlord retains control over
2. Negligent repairs
3. Known hidden dangerous conditions on the property
4. Landlord knows that the tenant is going to hold the property open to the public at large