Limited Duty

Question 1

Negligent endangerment

Answer 1

Whether a relative is liable for negligence based on prior knowledge is a question for the jury, those who are aware of dangerous conditions but take no prompt remedial steps are liable

Question 2

Negligent entrustment

Answer 2

One who supplies a chattel for the use of another whom the supplier knows or has reason to know to use it in an unreasonable risk of harm to themselves and others whom the supplier should expect to share in or be endangered by its use is subject to liability

Question 3

Good Samaritan law

Answer 3

Immunities conferred by a good samaritan law are typically unavailable to a person who receives or expects compensation for rendering aid

Question 4

Emergency Medical Treatment and Active Labor Act

Answer 4

A federal law that requires hospitals receiving Medicare funds to provide appropriate medical screening to all people who come to the ER seeking assistance

Question 5

Preventing aid

Answer 5

§327, an individual who knows that a 3rd person is ready to give aid to another and prevents them from doing so is subject to liability

Question 6

Inadequate police and fire protection

Answer 6

In many states, there is no duty to provide police or fire protection to a particular individual in the absence of facts that establish a special relationship

Question 7

Public duty

Answer 7

A duty to all is a duty to none

Question 8

Public entities

Answer 8

Cannot be held liable for a failure to provide protection absent a special relationship. A special relationship must include knowledge, response, expectation, and action

Question 9

Premises liability

Answer 9

Traditionally, the defendant’s duty of care varied according to the status of the plaintiff as a trespasser, licensee, or invitee

Question 10

Patent

Answer 10

Obvious action

Question 11

Latent

Answer 11

Hidden action

Question 12

Trespasser

Answer 12

People present without privilege or consent of the possessor, they have no right to be on the land. No duty of the defendant except to refrain from willful and wanton conduct

Question 13

Attractive nuisance for children

Answer 13

a) The possessor knows or should know children are likely to trespass
b) The condition was one of which the owner knew or should have known that an unreasonable risk of death or serious injury could occur
c) The child, because of age, did not realize the risk involved
d) The utility to the possessor of maintaining the condition and the burden to remediate are slight compared to the risk to children
e) The possessor fails to exercise reasonable care to eliminate the danger

Question 14

Undiscovered trespasser

Answer 14

Those present with consent or privilege, but often for their own purposes as social guests; ex: family and friends, emergency personnel

Question 15

Duty to undiscovered trespassers

Answer 15

To warn of known latent dangers and to exercise care in active events

Question 16

Lessor

Answer 16

If not in possession of the property, they are not liable for failure to prevent injury to a tenant or guest
a) They are responsible for disclosing known dangerous conditions
b) Conditions that are dangerous to people outside, like common areas
c) Premises that are leased for admission to the public
d) Common areas under the lessor’s control
e) A contract to repair
f) Negligence by the lessor in making repairs

Question 17

Invitee

Answer 17

People present on land at the possessor’s invitation, can be made to the public or for business reasons. Duty to warn of known latent dangers, to exercise care in active events, and duty to discover and remedy unknown dangers

Question 18

Users of recreational land

Answer 18

If an owner or occupier of open land permits the public to use the land for recreational purposes without charging a fee, the landowner is not liable for injuries suffered by a recreational user unless the landowner willfully and maliciously failed to guard against or warn of a dangerous condition or activity

Question 19

Known or obvious dangers

Answer 19

No duty to warn others or take precautions

Question 20

There is a duty to exercise reasonable care if it is foreseeable that the plaintiff will

Answer 20

a) Be distracted
b) Forget
c) Not see
d) Elect to encounter

Question 21

A landowner’s duty to people outside their land in natural conditions

Answer 21

a) The owner or anyone else has ever altered the natural condition as to aggravate the risk
AND
b) In urban areas, landowners with trees near public streets let the trees pose an unreasonable risk of harm to those outside the land

Question 22

A landowner’s duty to people outside their land in artificial conditions

Answer 22

a) The owner must maintain buildings, fences, and the like that abut other land or streets, so as not to pose an unreasonable risk of harm to those outside the land
AND
b) The owner must take precautions to people passing by the land from dangerous conditions