Page 20 Flashcards
Is there a duty of care to prevent emotional distress for someone on your land?
Not unless it is parasitic to a physical injury, then damages can be recovered as part of the physical injury action
What is an invitee?
Someone that rightfully enters the land at the express or implied invitation of the possessor for the beneficial purpose of possessor’s interest or activities
What are the two different types of invitees?
Business and public
Who owes a duty of care to an invitee?
The land possessor, although landlords owe it for common areas and hidden defects
An invitee must stay where?
On the part of the land he is invited onto
If an invitee goes outside of the part of the land he’s invited onto, what is his new status?
Either trespasser or licensee
If an invitee got onto a part of the land he didn’t have permission to enter (either negligently or accidentally) does that change the fact that he’s now a trespasser or licensee?
No
Is there a duty to aid an injured invitee?
Yes
What is a business invitee?
Someone that enters the land for the purpose of the possessor’s financial benefit, business activities, or interests
What are examples of business invitees?
- customers
- delivery people
- sales people
- garbage collectors
- building inspectors
- job applicants
Is the land owner responsible for the intervening criminal or intentional acts of others?
Not unless those acts were foreseeable
If police have warned a landowner about criminal or intentional activities taking place on his property, what is his duty?
To act reasonably to reduce the risk of harm caused by those acts
If you own a bar and police tell you criminals often steal vehicles from it, what is your duty?
Reduce the risk of harm to your customers
What is a public invitee?
A member of the public that enters onto possessor’s land for the purpose the land is held open for
What are some examples of public invitees?
Visitors to:
- airports
- churches
- museums
- train passengers
- hotel guests
Is a personal or express invitation necessary for a public invitee?
No, because the property is held open to the public
In order for someone to count as a public invitee, does the actual premises have to be public, or can it be private?
It can be something like a public library, or a privately owned drugstore
What are the duties owed to invitees?
- Activities: RC to prevent injuries
- AC: RC to discover dangerous AC that invitee wouldn’t be reasonably aware of, and warn, or take other precautions
- NC: RC
If a warning wouldn’t be enough for an artificial condition for an invitee, what must you do?
Use reasonable care to provide other precautions
If a grocery store has a spill that someone slips on and gets injured by, what are the things you should discuss on an essay?
What is reasonable, how much time has passed, notice, etc.
Are warnings enough to satisfy a duty for an invitee?
- traditionally: yes
- modernly: must actually make the place safe if a warning wouldn’t make the condition/activity reasonably free from dangers
If a condition wouldn’t present sufficient danger, is a warning necessary for invitees?
No, like if it only happened once in 25 years
Could a land occupier have a duty of reasonable care to warn or protect invitees for foreseeable tortious criminal acts of third parties?
Yes
If you own a restaurant in a high crime area, what do you need to do?
Take reasonable measures to protect your patrons from robberies
What does it mean to exceed the scope if you are an invitee?
If you enter an area of the land your invitation doesn’t extend to, or stay on the land longer than your invitation contemplated - you become a licensee or a trespasser
What are the two ways you can exceed the scope as an invitee?
Either time or space
If a train passenger is leaving the train, is he still in invitee?
Yes, a leaving customer is still a customer
If a train passenger jumps on the tracks, is he still an invitee?
No
In stores and restaurants if a person only enters to use the bathroom, are they still an invitee?
Yes
How are delivery people considered invitees?
They had an invitation based on the order that was made
How does foreseeability relate to invitees?
- some jurisdictions: the land occupier has to be aware of specific, immediate harm about to happen to someone
- others: there’s only a duty if there’s evidence of previous crimes
- others: landowners only owe a duty to protect against crime that is foreseeable under the totality of the circumstances
What is a public entrant?
A public employee that enters under lawful privilege
If the possessor undertakes to supply equipment, tools, or chattel to people coming on his land for business, what is his duty?
A duty of care to inspect and discover any defective condition in the chattels that he supplies
If a public employee goes on your property for nonemergency situations, how are they treated?
As invitees even though they don’t have the possessor’s consent
What are examples of public employees that would be treated as invitees?
- building inspectors
- mailmen
- meter readers
What is a licensee?
Someone that intentionally enters land with the possessor’s express or implied permission, not for the purpose of benefiting the possessor, and has a limited license to be there
Licensees takes the property as what?
In the condition the land possessor uses it because the possessor has no obligation to make it safe
What is the only duty of a land possessor to licensee?
He must warn of concealed artificial or natural dangers actually known to him
What are the things a possessor can assume about a licensee?
That he is reasonably attentive and will notice obvious dangers, so warnings only need to be given about hidden dangers
What are some examples of licensees?
- visiting relatives
- social guests
- business visitors
- door-to-door sales people
- charity solicitors
- someone borrowing tools
- bringing lunch to your dad
- invitees that exceed the scope of permission
What category do firefighters usually go into?
Licensees
If a landowner is not aware of conditions or activities, does he owe a duty for them to licensees?
No
How can you discharge your duty to licensees?
By posting signs or warnings unless you know they are ineffective
What are the duties owed to a licensee?
- Activities: RC to warn and discover licensees they don’t know of
- AC/NC: RC to warn of conditions he is aware of or should be aware of that are unreasonably dangerous and licensee is unaware of or unlikely to discover
Is there a duty to inspect the land for dangerous conditions to a licensee?
No
After possession has been transferred, sellers are not liable for harm to others except when?
When the seller doesn’t disclose known dangerous conditions, then he is liable to the buyer, the buyer’s family, and third person entering the land with buyer’s consent
