Negligence: Land Possessor Duties

Question 1

Landowners and landlords owe a duty of care to which three kinds of persons on their land?

Answer 1

• Invitees
• Licensees
• Trespassers

Question 2

Who is an invitee?

Answer 2

• Someone who enters onto D’s land at D’s express or implied invite and for a purpose relating to D’s interest or activities (ex: shoppers in a store or patrons in museum).

Question 3

What duty do landowners owe to invitees?

Answer 3

• D has duty to exercise reasonable care to prevent injuries caused by activities conducted on D’s land.

Question 4

Who is a licensee?

Answer 4

• Someone who enters D’s land with D’s express or implied permission and are not there for a purpose benefiting D or D’s activities, nor is the land held open to the public (social guest).

Question 5

What duty do landowners owe to licensees?

Answer 5

• D must warn of known concealed dangers (just warn, not cure) that are not obvious

Question 6

Who is a trespasser?

Answer 6

• Someone who enters D’s land without express or implied consent of land possessor

Question 7

What duty do landowners owe to trespassers?

Answer 7

• Duty to avoid infliction of willful or wanton harm

Question 8

Who does the land possessor owe a duty to when engaging in activity on the land?

Answer 8

• When D is engaging in activity on their land, D owes a reasonable duty of care to all except unknown trespassers

Question 9

To whom does a land possessor have a duty to reasonably search out dangers on the property?

Answer 9

• The land possessor must only reasonably search out dangers on the property for invitees, not for anyone else

Question 10

What must a land possessor do to known or frequent trespassers?

Answer 10

• If known or frequent trespassers (must be obvious - e.g. a well-worn path), LO has a duty to warn of known and concealed dangerous artificial conditions.
  o EXAMPLE: Dan knows of trespassers. If he builds a crocodile pit and hides it, he must put up a warning of the dangers. If there is naturally occurring quicksand, he does not need to warn.

Question 11

What is the attractive nuisance doctrine?

Answer 11

• A heightened standard of care may apply as to artificial conditions on D’s land when a child is trespassing. If the following five prerequisites are met, the child will be treated as an invitee, not a trespasser:
  o Too young to appreciate the danger;
  o D knows, or has reason to know, of the trespass;
  o D knows of the dangerous condition;
  o Condition is artificial (fountain, pool, equipment that looks fun to climb on); and
  o The risk of danger of the artificial condition outweighs its utility and burden to fix it.
• EXAMPLE: Six-year-old Pablo is trespassing on Devin’s land. Devin is building a new barn; therefore, there is scaffolding and construction on Devin’s land. Pablo starts walking around on the scaffolding when one of the boards cracks and Pablo falls and breaks his back. Pablo sues Devin. Court will apply the factors.

Question 12

What duty does a land possessor owe to a P who is not on land, but merely adjacent to it?

Answer 12

• Artificial condition on land - duty of reasonable care.
• Natural condition from land - no duty except trees in urban areas.

Question 13

Are landlords generally liable for caring for people on the land?

Answer 13

• LL is not liable unless:
  o Common areas over which LL retains control;
  o Negligent repairs;
  o At time of lease, LL knows of a concealed dangerous condition; or
  o LL knows that T is going to hold property open to public