landowners

Question 1

trespassor duty

Answer 1

is avoid affliction of willful and wanton harm

Question 2

attractive nuisance doctrine means trespassing children are treated like

Answer 2

an invitee, meaning they must take reasonable precautions to prevent harm

Question 3

attractive nuisance doctrine factors

Answer 3

1) Are children too young to appreciate the danger?
2) Is it foreseeable that there would be trespassing children?
3) Does the defendant know of the dangerous condition on the
property?
4) Only applies to artificial conditions.
5) Is the risk so great that it outweighs the utility and the burden that would be placed on the defendant?

Question 4

types of attractive nuisance

Answer 4

could be anything, does not have to be actually attractive, even if the children come on the property for a different reason. the main inquiry is instead: “did the landowner know children come on the property?”

Question 5

known trespassers rule

Answer 5

if a landowner is aware that a particular plaintiff is a trespasser or there are sufficient facts that he should reasonably conclude that there is a trespasser, a landowner has a duty to exercise reasonable care to protect a known trespasser from injuries resulting from the landowner’s activities.
Does not extend to natural conditions

Question 6

vicarious liability - contractors

Answer 6

yes, when the contractor is participating in an ‘inherently dangerous’ activity

Question 7

sellers of mass-marketed new residences

Answer 7

strictly liable for defects in those homes

commercial lessors, new home developers, and sellers of used goods are potential defendants

Question 8

private nuisance - unreasonable interference

Answer 8

if the property is being used for a sensitive, use like a child care facility, then it is not an unreasonable interference

Question 9

status for person using biz bathroom but no purchase

Answer 9

a business owner who allows customers to use a restroom on the business premises owes the same duty of care to one who enters the premises solely to use the restroom as is owed to one who intends to make a purchase.

Question 10

privilege of public actors like police officer, etc. on land and category

Answer 10

Police officers, firefighters and census takers fall within the category of persons privileged to enter without invitation.
category= licensee, duty to warn of known conditions