Premise Liability Flashcards
What are the standards for a known trespasser?
A known trespasser will be expected to notice and appreciate reasonable risks of the common area as long as the dangers aren’t hidden.
What is the standard for an unknown trespasser?
The hiker was a trespasser because he entered without the permission of the owner. A possessor of land is not required to exercise reasonable care to make his land safe for trespassers.
A is incorrect. Nothing in the facts suggests that the weakness of the limb could not have been discovered by the exercise of reasonable care. The hiker was a trespasser, however, because he entered without the permission of the owner, and a possessor of land is not required to exercise reasonable care to make his land safe for trespassers. If the property owner had owed a duty to take reasonable care to protect the hiker, the property owner might have been required to make regular inspections of the conditions on his land.
The hiker was a trespasser because he entered without the knowledge or permission of the owner. A property owner is liable only for artificial conditions highly dangerous to trespassers and only when he knows about the trespasser or has some reason to anticipate the trespasser’s presence.
