premises liability

Question 1

define a trespasser

Answer 1

enters on the land of another without express or implied permission

Question 2

duty owed to trespasser?

Answer 2

only duty is to refrain from inflicting willful/wanton injury- no duty to discover, remedy, or warn of concealed perils

Question 3

define a licensee

Answer 3

enter upon land with express/implied permission or consent - visit is for entrant’s OWN benefit

Question 4

duty owed to invitee?

Answer 4

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

Question 5

define “constructive notice”

Answer 5

if you were reasonably inspecting the premises, you should have discovered the hazard

Question 6

what is the duty in premises liability of warning for open/obvious dangers?

Answer 6

NONE! duty is only to warn of any hidden or concealed perils

Question 7

explain the “economic benefit test” established in the Palmtag case

Answer 7

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)

Question 8

what are the six general exceptions to common law status categories?

Answer 8

FCSL CR - Firefighters rule, Children, Social Guests, Lessors of Property, Criminals, Recreational use

Question 9

what is the status category of public officials and employees like postmen and inspectors?

Answer 9

invitee

Question 10

explain the firefighters rule exception to the invitee status of public officials

Answer 10

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

Question 11

how did the Chapman case refine the firefighters rule?

Answer 11

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

Question 12

why are child trespassers an exception to the common law status categories?

Answer 12

age and lack of experience in recognizing potential dangers

Question 13

when does the attractive nuisance doctrine impose liability for landowners

Answer 13

if landowner has reason to antic. trespass, unreasonable risk, kids won’t appreciate danger, burden < utility

Question 14

what did the Mozier case say about swimming pools and attractive nuisance?

Answer 14

swimming pools are not attractive nuisances - child was already on the property (child has to be attracted to property by nuisance)

Question 15

define a social guest in the context of a special category of entrants

Answer 15

expressly invited onto the premises for social, non-business purposes

Question 16

what is the status category of a social guest?

Answer 16

even though they’ve been invited, they’re still a licensee - shouldn’t have to protect any more than your own family

Question 17

what was the case name that dealth with Social Guests as a special category? What happened?

Answer 17

Hambright v. First Baptist - her attendance didn’t provide a material benefit to the church, so she was classified as a licensee

Question 18

what is the GENERAL rule regarding lessors of real property, a special category of entrant?

Answer 18

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!)

Question 19

what are the four exceptions to the “no duty” standard for lessors of real property?

Answer 19

common area exception, voluntary repairs, undisclosed latent defects, premises leased for public use

Question 20

what is the “common area” exception to the no-duty rule for lessors of real property?

Answer 20

tenants are invitees of landlord while utilizing common area of LL’s property

Question 21

when are lessors of real property liable for damages under the “common area” exception to the no duty rule?

Answer 21

when LL could have discovered the risk or danger and could have made the condition safe

Question 22

explain the exception to the “no duty” standard for lessors of real property regarding voluntary repairs

Answer 22

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

Question 23

what happened in the Pagelsdorf case?

Answer 23

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

Question 24

what was the traditional rule regarding premises liability for action by unknown 3P/criminal assailants?

Answer 24

traditionally, no liability for injuries influcted upon entrants by criminal actions of unknown 3P (absence of foreseeability)

Question 25

what rule regarding criminal assailants was derived from the McClung case?

Answer 25

duty to take reasonable steps to protect customers arises if the business knows/RTK that criminal acts against customers on premises are reasonably foreseeable

Question 26

how are entrants on recreational premises viewed?

Answer 26

licensees, not invitees - lesser duty of care mandated by recreational use statutes

Question 27

what is the duty owed to users of recreational premises?

Answer 27

recreational use statutes say duty imposed only to refrain from intentionally inflicting injury

Question 28

what is the “recreational premises” exception unavailable?

Answer 28

when the landowner changes a fee for use of the premises

Question 29

What kind of danger is NOT covered by attractive nuisance doctrine?

Answer 29

Naturally existing condition or one that kids could appreciate

Question 30

Define invitee

Answer 30

Enters land with express or implied consent, for mutual benefit of both parties

Question 31

Duty owed to licensee?

Answer 31

Warn of hidden/concealed perils of which the land owner has knowledge