Negligence: Standard of Care: Oweners and Occupiers of Land

Question 1

Duty to Those Off Premises

Answer 1

Generally no duty for natural conditions on premises, however, duty to protect from unreasonably dangerous artificial conditions/buildings on land.

Activities on premise must done in a manner to avoid unreasonable risk of harm to those off premises.

Question 2

Duty to Those On Premises: Trespassers

Answer 2

Undiscovered Trespassers: No Duty

Anticipated/Discovered Trepassers: Duty to warn of known/man-made/hidden death traps.

Easement and Licensee holders owe duty of reasonable care to trespassers.

Question 3

Duty to Those On Premises: Licensees

Answer 3

Duty to alert of all known, hidden, traps

Question 4

Duty to Those On Premises: Invitees

Answer 4

Duty to alert of all known, hidden, traps

Must inspect and repair property.

Question 5

Attractive Nuisance

Answer 5

Owner/Occupier must avoid reasonably foreseeable risks of harm to children caused by artificial conditions on property.

Plaintiff must show: defendant knew or should of known of danger, defendant knew or should have known children were frequent visitors, children unable to appreciate risk, expenses to remedy is slight compared to magnitude of harm.