Landowner Duties

Question 1

Duty owed to trespasser

Answer 1

1. Cannot wantonly or recklessly harm a trespasser through conduct

2. If a trespasser is seen/known to the person, to warn of non-obvious dangers known to
the landowner (similar to the duty owed to the licensee)

3. No duty to warn undiscovered trespassers
4. No duty to be reasonable in own activities on own land in the case of undiscovered
   trespasser
5. Owes duty to people who would foreseeability deviate from public to private land.

○ Can be negligent on your own property
○ Duty assumed if on notice that there is or is likely to be a trespasser

Question 2

What duty is owed to a licensee?

Answer 2

1. Cannot wantonly or recklessly harm through conduct
2. Cannot negligently harm through conduct
3. Duty to warn of known (or reasonably should have known) latent defects
4. No duty to inspect

Question 3

What duty is owed to an invitee?

Answer 3

1. Highest level of duty - general duty to protect from danger
2. Cannot wantonly or recklessly harm through conduct
3. Cannot negligently harm through conduct
4. Duty to inspect - obligated to make yourself aware of potential hazards and make sure
   invitee will not be harmed
5. Duty to fix defects, or make the premises reasonably safe (if a warning, must be adequate to fix danger).

Question 4

Attractive nuisance

Answer 4

Imposes liability on landowners whose land contains dangerous artificial conditions that attract child trespassers (old approach?)

Question 5

Restatement approach to child trespassers

Answer 5

1. Possessor knows or has reason to know that children are likely to trespass, and involves an unreasonable risk
2. The children, because of their youth, do not discover the condition or realize the risk involved with trespassing.
3. The utility to the possessor of maintaining the condition and the burden of eliminating the risk are slight as compared with the risk to children involved.