premises liability Flashcards
define a trespasser
enters on the land of another without express or implied permission
duty owed to trespasser?
only duty is to refrain from inflicting willful/wanton injury- no duty to discover, remedy, or warn of concealed perils
define a licensee
enter upon land with express/implied permission or consent - visit is for entrant’s OWN benefit
duty owed to invitee?
use reasonable care in maintaining premises, warn of or correct any dangerous/concealed perils that landowner has ACTUAL or CONSTRUCTIVE knowledge of, make periodic inspections
define “constructive notice”
if you were reasonably inspecting the premises, you should have discovered the hazard
what is the duty in premises liability of warning for open/obvious dangers?
NONE! duty is only to warn of any hidden or concealed perils
explain the “economic benefit test” established in the Palmtag case
P was at jobsite for mutual benefit of her and contractor - her visit served D’s economic interest, so she was an invitee (fell thru unfinished floor)
what are the six general exceptions to common law status categories?
FCSL CR - Firefighters rule, Children, Social Guests, Lessors of Property, Criminals, Recreational use
what is the status category of public officials and employees like postmen and inspectors?
invitee
explain the firefighters rule exception to the invitee status of public officials
denies recovery by injured police/fire for injuries caused by the same conduct/activity that was responsible for their presence on the scene - makes them a licensee
how did the Chapman case refine the firefighters rule?
refused to apply it to situations where the officer is performing a law enforcement activity unrelated to the violation that inititally required the officer’s presence
why are child trespassers an exception to the common law status categories?
age and lack of experience in recognizing potential dangers
when does the attractive nuisance doctrine impose liability for landowners
if landowner has reason to antic. trespass, unreasonable risk, kids won’t appreciate danger, burden < utility
what did the Mozier case say about swimming pools and attractive nuisance?
swimming pools are not attractive nuisances - child was already on the property (child has to be attracted to property by nuisance)
define a social guest in the context of a special category of entrants
expressly invited onto the premises for social, non-business purposes
what is the status category of a social guest?
even though they’ve been invited, they’re still a licensee - shouldn’t have to protect any more than your own family
what was the case name that dealth with Social Guests as a special category? What happened?
Hambright v. First Baptist - her attendance didn’t provide a material benefit to the church, so she was classified as a licensee
what is the GENERAL rule regarding lessors of real property, a special category of entrant?
even though tenant/lessee is clssified as an invitee on leased premises, most courts refuse to impose duty with respect to injured tenants or their injured guests (licensees only!)
what are the four exceptions to the “no duty” standard for lessors of real property?
common area exception, voluntary repairs, undisclosed latent defects, premises leased for public use
what is the “common area” exception to the no-duty rule for lessors of real property?
tenants are invitees of landlord while utilizing common area of LL’s property
when are lessors of real property liable for damages under the “common area” exception to the no duty rule?
when LL could have discovered the risk or danger and could have made the condition safe
explain the exception to the “no duty” standard for lessors of real property regarding voluntary repairs
if voluntary repairs are made by LL when he is not legally obligated to repair, then immunity may be lost if such repairs are negligently made
what happened in the Pagelsdorf case?
abolished general LL immunity - LL now owes duty to tenant or anyone on the premises with tenant’s consent a duty to exercise reasonable care - rail on porch gave way because of dry rot
what was the traditional rule regarding premises liability for action by unknown 3P/criminal assailants?
traditionally, no liability for injuries influcted upon entrants by criminal actions of unknown 3P (absence of foreseeability)
what rule regarding criminal assailants was derived from the McClung case?
duty to take reasonable steps to protect customers arises if the business knows/RTK that criminal acts against customers on premises are reasonably foreseeable
how are entrants on recreational premises viewed?
licensees, not invitees - lesser duty of care mandated by recreational use statutes
what is the duty owed to users of recreational premises?
recreational use statutes say duty imposed only to refrain from intentionally inflicting injury
what is the “recreational premises” exception unavailable?
when the landowner changes a fee for use of the premises
What kind of danger is NOT covered by attractive nuisance doctrine?
Naturally existing condition or one that kids could appreciate
Define invitee
Enters land with express or implied consent, for mutual benefit of both parties
Duty owed to licensee?
Warn of hidden/concealed perils of which the land owner has knowledge
