Page 18 Flashcards
Who does the duty of a seller of land run to?
The buyer and his invitees/licensees
If a statute applies, that always supersedes what?
Common-law tort principles
What is the common-law status approach?
Majority approach where the duty owed by the land occupier to someone entering his property depends on the status of the entrant, and that determines the standard of care owed
What are the categories of risk for the common-law status approach?
Activities, artificial conditions, natural conditions
What is the risk that comes from activities on land?
Injuries that come from conduct of someone on the land
What are artificial conditions?
Circumstances created by people on the land
What are some examples of artificial conditions?
Buildings, excavation, cultivation
What are natural conditions?
Things not created by people but that exist on the land
What are some examples of natural conditions?
Natural bodies of water, trees, falling boulders, etc.
What are the different categories of plaintiffs in the common-law status approach?
- persons not on the land, but adjacent to it
- persons on the land
What is the duty owed to someone not on the land, but adjacent to it?
- Activities: RC to prevent injury from activities
- AC: RC to prevent injury from conditions that abut/protrude onto adjacent land
- NC: + no duty, - RC to prevent injury
If someone else is doing an activity on your land that injures someone not on your land, who is liable?
You are liable for reasonable care to prevent that injury
What is the duty to protect passersby on public streets from artificial conditions on your land?
RC to prevent injury from unreasonably dangerous artificial conditions
If you put up a barbwire fence around your property, what do you have to do?
Take reasonable steps to warn or protect people on public land beside yours from injury
What are the two exceptions to the duty of reasonable care for artificial conditions to people that are not on your land?
- for anything that protrudes/abuts adjacent land, you must show due care to inspect and maintain it.
- if it substantially adjoins a public road, you must show due care to protect users of the road from harm
If you own a store that has a large sign that protrudes over the sidewalk that is suspended by cables that you haven’t checked for many years, and the cables corrode and the sign falls on someone, what is your duty?
Duty to keep the cables from injuring anyone on the sidewalk
What is the majority and minority position for natural conditions for people that are not on your land?
- majority: no duty to protect a P with the exception of reasonable care for native trees on urban land
- minority: RC to prevent injury
What is the native trees on urban land exception?
There is a duty to exercise reasonable care to protect plaintiffs that are passing by from native trees on urban land. The trees cannot grow and create an unreasonable risk of harm to travelers on adjacent public streets
If the landowner has no actual or constructive notice of the danger of native trees on urban land, is there still liability for that exception?
No, so if a decayed tree that looked perfectly healthy fell and hurt someone, there’s no liability
What are the different statuses for someone on the land?
- trespassers
- invitees
- licensees
Is it possible for plaintiff’s status to change?
Yes
What are the different types of trespassers?
- unknown
- known
- frequent
- children
What is a trespasser?
Someone who enters land or stays on property without permission or privilege of the occupier
Does a trespasser have to have bad intent?
No, he might not even know he’s trespassing, all that matters is that he didn’t have the occupier’s permission to enter, or any privilege to be on the land
What is the duty owed to an unknown trespasser?
No duty to the person, and no duty to inspect the land to discover him
Trespassers take the property as what?
It existed when they entered the land, including concealed artificial and natural dangers
An occupier has no legal obligation to do what for an unknown trespasser?
Discover, remedy, or warn of dangers, he only has to refrain from willfully and wantonly harming the trespasser or setting traps
Is an electric fence an okay way to defend your property?
No because it uses excessive force and is thought of as a trap
What is a known trespasser?
Someone that defendant becomes aware is trespassing on the land or learns of facts that should reasonably lead him to conclude someone has trespassed
What is the duty owed to a known trespasser?
- Activities: RC to prevent injuries
- AC: RC to warn of hidden dangers the D is aware of and trespasser isn’t
- NC: no duty to prevent injury
If defendant doesn’t know about a trespasser’s presence, does he owe any duties for activities he carries out on the land?
No
Is the duty of reasonable care to warn trespassers of artificial conditions an absolute duty?
No, you don’t have to guarantee the safety or completely protect the person
What is a frequent trespasser?
Someone the D knows or reasonably should know frequently enters on a portion of the land
How is a frequent trespasser treated?
Same as a known trespasser
What would be a good indication of a frequent trespasser?
Noticing a beaten path
What is CTULA?
Constant Trespassers Upon a Limited Area
What does CTULA mean?
People habitually intruding on the land or a certain portion of the land
What is example of CTULA?
People that take shortcuts across land
What is the duty owed to CTULA’s?
The land occupier has to know/have reason to know of them and physical evidence on the land is enough for that knowledge. He must object to their intrusions and that will convert them into ordinary trespassers
How can a landowner object to CTULA people?
By posting signs
If CTULA intrusions continue after landowner has objected, and the landowner knows it but doesn’t do anything, what status do those people retain?
CTULA status
Why are CTULAs given a higher duty of care than ordinary trespassers if a land occupier knows about them and does nothing?
He has impliedly consented to their presence
What is the duty owed to a trespasser in peril?
If a landlord notices a trespasser in peril that is helpless or unable to defend himself, there’s a duty of reasonable care to aid him
What is the duty of a seller of land to the buyer?
Duty to disclose concealed unreasonable dangerous conditions if the seller knows/should have known and buyer is unaware and not likely to discover
