Owners and Occupiers of Land Flashcards
Injuries off premises: natural condition
Landowner has no duty to protect persons outside the premises with respect to natural conditions
EXCEPTION: trees.
Landowner is liable for negligence if knows, or should have known, that tree is defective and fails to take reasonable precautions.
So, the owner may owe duty of reasonable care with respect to natural land conditions that threaten outsiders
Injuries off premises: artificial condition
Once a landowner alters a condition of their land, the conditions are artificial and require the exercise of reasonable care with respect to the safety of those outside premises
Liability for injuries inside premises (Who?)
Trespassers, invitees, licensees
Invitee definition
An invitee goes on the land in furtherance of the owner’s business. It is not necessary that the invited person gain an advantage by entry on the land
Duty to invitee
Protect the entrant against unusual dangers of which the they knew about or should have known about.
Even though the danger is known to the plaintiff, th defendant may be bound to be negligent if it is not too difficult to eliminate the danger, and he should reasonable anticipate tat the plaintiff might still be injured by it.
Greater duty of care: keep premises safe for use by invitee, may include duty to protect invitee from criminal attacks by third party.
Licensee definition
Enters the premises of the owner by permission, but they are there for the licensee’s own purposes
Duty owed to Licensee
Generally: takes premises as find them
However, if landowner knows of dangerous, hidden condition on premises that a visitor is likely to encounter, they have a duty to warn licensee of it
Social guests fall here
Customers and Invitee
If they have no intention of becoming a customer, they are not an invitee. Therefore, there is no mutual benefit resulting from presence
Duty owed to Trespasser
Liability for willful/ wanton injuries to trespasser. The landowners duty of care begins at moment trespasser is discovered. In
The duty is to use ordinary care to avoid injuring trespasser by dfts’ active operations (i.e. machinery in motion must be stopped.)
Frequent trespasser on limited part of land: anticipate them and exercise reasonable care in activities so as to protect them. Think about well-defined paths
Duty to Children who trespass
typically will see in relation to attractive nuisance.when set before young children temptation that has reason to believe will lead them into danger, must use ordinary care to protect them from harm
Attractive nuisance
When set before young children temptation that has reason to believe will lead them into danger, must use ordinary care to protect them from harm
Willful and Wanton Definition
action undertaken in conscious disregard of another’s rights, or with reckless indifference to consequences with the defendant aware, from his knowledge of existing circumstances and conditions, that his conduct probably would cause injury to another.
Landlord’s liability to 3rd parties visiting tenant
Typically not liable, but there are six exceptions.
(1) the dangerous condition is known to the landlord and the lessee does not know or has no reason to know of it; (2) the condition is dangerous to others outside the property;
(3) the property is leased for admission of the public;
(4) the landlord retains control over parts of the property and the lessee is entitled to use those areas; (5) the landlord contracts to make repairs; or
(6) the landlord is negligent in making repairs. The first four exceptions are inapplicable to this case
