Negligence - Expanding or Limiting Duty Flashcards
Common Carriers
Higher degree of care
Only have to show slight fault
Guest statutes
Lowers standard
Reasonable care to gross negligent (willful or wanton)
Trespasser
Willful or wanton conduct
Licensee
Social guest
Willful or wanton unless actual knowledge of harm
Invitee
Open to the public or business
Reasonable care
Position of peril or knowledge
Requires reasonable care
Attractive Nuisace
Nuisances that attract children heightens duty to reasonable care for child trespassers
Exception
- obvious risk
- essential to the property
Entrants
Abolishes T/L/I
All owed reasonable care
Open and obvious hazards
Typically no duty is owed
Now part of comparative fault
Recreational use statutes
Allow people to freely use your land
Only willful or wanton conduct
Landlords and tenets
Used to be willful or wanton
Now reasonable care
Firefighters rule
Public officers can only get damages from willful or wanton conduct by landowners when on the job