Owners and Occupiers of land Flashcards
Injury occurs off the premises
LO not liable for most natural conditions that cause injury and must provide reasonable care for the protection of others outside the premises in regards to artificial conditions.
Injury occurs while P is on O’s land-Gen. Rule
If accident occurs on the premise, liability will hinge on status of P and purpose on premise.
Trespassers (Def. and Gen Rule)
Person on land without permission from owner. No duty to undiscovered trespassers.
Trespassers EXC
If T is discovered, anticipated, or tolerated, O has a duty to warn of or make safe latent artificial conditions that may cause death or serious bodily injury.
Licensee (Def. and Gen Rule)
Person permitted to be on prop for social purpose. O has duty to warn of known and latent dangers.
Licensee-No duty to…
No duty to inspect for latent dangers. No duty to repair or warn of obvious dangers.
Invitee (Def. and Gen. Rule)
Person allowed on prop to conduct business with landowner. O has duty to exercise reasonable care to make premises reasonably safe. O must warn, inspect, and repair any latent dangers.
Children trespassers-Attractive nuisance
LO must use ordinary care to protect if temptation set.
Children trespassers-If not an attractive nuisance
O liable for harm suffered by CT by an artificial condition if: O knows or has reason to know kids trespass in area of condition, Condition involves an unreasonable risk of death or serious bodily injury, Child because of youth does not discover condition or appreciate it, Balancing test-Utility and burden to eliminate risk slight compared to harm, O failed to exercise reasonable care.
Lessor/Lessee (Gen rule)
Lessors generally owe no duty to maintain leased premises. Lessee has duty to maintain the premises in such a way as to avoid unreasonable risk of harm.
Lessor/Lessee EXCs
Hidden dangerous condition known or should have been known to lessor. Danger to persons outside premises. Premises leased for admission to public. Common Areas. Lessor Ks to repair and fail to. Neg repairs and lessee doesn’t know.
Lessor/Lessee-Even if exc applies…
Lessee may also be liable if injured party is an invitee and licensee.
Lessor/Lessee-Criminal Acts of 3rd party
Lessors have duty to exercise reasonable care to protect lessees from foreseeable criminal acts committed by 3rd parties
Injury occurs while on P’s land-NC
Trespassers-Refrain from the willful or wanton infliction of injury. Lawful visitors-Exercise reasonable care under the circumstances in the maintenance of their premises for the protection of lawful visitors.
