Negligence - Duties - Landowners

Question 1

landowner’s duty to licensees

Answer 1

Owners and occupiers of land owe the following duties to licensees:

1) duty of reasonable care as to activities taking place there, and
2) a duty to warn or make safe any known, non-obvious, dangerous condition, whether man-made or natural

No duty to inspect.

Question 2

landowner’s duty to invitees

Answer 2

Owners and occupiers of land owe the following duties to invitees:

1) duty of reasonable care as to activities taking place there, and
2) a duty to conduct a reasonable inspect for non-obvious dangerous conditions, weather man-made or natural, and to warn or make safe the same.

There is a duty to inspect.

Question 3

landowner’s duty to undiscovered trespassers

Answer 3

none

Question 4

licensee

Answer 4

One who enters property with the permission of the landowner and for the licensee’s own purpose or business - not for the landowner’s benefit.

(usually relatives, friends, and social guests)

Question 5

invitee

Answer 5

One who enters land:

1) held open to the public, or
2) with permission of the landowner, for purposes related to the landowner’s business

Question 6

duty to anticipated trespassers

Answer 6

1) duty of reasonable care as to any activities taking place there, and
2) a duty to warn or make safe any MUCC: manmade, unsafe, concealed condition

No duty to inspect

Question 7

lessor

Answer 7

landowner or other party who leases their property or premises to a renter

Question 8

lessee

Answer 8

one who rents/leases property or premises from the owner or another party

(MEMORY TIP: lessee = me {a renter})

Question 9

If a lessee is negligent, who may be sued? (ie just the lessor, or just the lessee, or both?)

Answer 9

if lessee leased the entire property/premises, then generally speaking, just the lessee

RULE: liability for leased property/premises hinges on who occupies and controls them.

If lessee leased entire property/premises, general rule is that liability is passed on solely to the him (the lessee).

Question 10

What is the difference between duties owed by a landowner to:

• discovered trespassers
• anticipated trespassers
• undiscovered trespassers

Answer 10

duties with regard to discovered trespassers and anticipated trespassers is the same (duty of reasonable care as to activities taking place on the land, and a duty to warn or make safe any MUCC (manmade, unsafe, concealed condition) which poses risk of death or serious bodily injury)

duties with regard to undiscovered trespassers: none

Question 11

Does a landowner have to have definitely verification of a trespasser for that trespasser to be considered to be a “discovered” trespasser?

Answer 11

No; trespasser is viewed as discovered if the landowner is notified by information sufficient for a reasonable person to conclude that someone is on the property

Question 12

Does a landowner have a general duty to inspect for the presence of trespassers?

Answer 12

no

Question 13

Is it possible for an invitee to lose their status as an invitee?

Answer 13

yes - if she exceeds the scope of the invitation by going into part of the premises where her invitation cannot reasonably be said to extend

Question 14

What are firefighters considered to be, when entering the land of another?

Answer 14

licensees

Question 15

In what status is a hiker who is hiking on landowner’s open land with landowner’s permission?

Answer 15

It seems like they are closest to a licensee statuts

RULE: If an owner or occupier of land permits the public to use it for recreational purposes, and does so WITHOUT CHARGING A FEE, the landowner is not liable for injuries suffered by the recreational user unless landowner willfully and maliciously failed to guard against or warn of a dangerous condition or activity.