Premises Liability

Question 1

In a premises liability situation, someone enters

Answer 1

Someone enters a piece of real estate and, while there, they are hurt by a dangerous condition on the property

Question 2

What duty does the possessor of the land owe the entrant to protect him from dangerous conditions therein?

Answer 2

It depends! 4 standards of care depending on the type of entrant

Question 3

Four categories of entrant?

Answer 3

Undiscovered trespasser on the land.

Discovered/anticipated trespasser on the land

Licensee

Invitee

Question 4

Define an undiscovered trespasser on the land.

Answer 4

Come on the land w/o permission and possessor does not know they are there

Question 5

What duty of care to an undiscovered trespasser?

Answer 5

Absolutely none

Question 6

Define a discovered/anticipated trespasser

Answer 6

A trespasser about whom the possessor knew or should have known

Question 7

What duty of care to a discovered/anticipated trespasser?

Answer 7

Obligated to protect only from those conditions that meet the following 4-part test:

1) Artificial condition (i.e., built by humans)
2) Highly dangerous condition (serious injury or death)
3) Condition must be concealed from trespasser
4) Possessor had prior knowledge

Question 8

What signal for a question involving a discovered/anticipated trespasser?

Answer 8

Someone has trespassed on the land in the past.

Question 9

What is the 4-part test for the duty of care owed to discovered/anticipated trespasser?

Answer 9

1) Artificial condition (i.e., built by humans)
2) Highly dangerous condition (serious injury or death)
3) Condition must be concealed from trespasser
4) Possessor had prior knowledge

Question 10

Boiled down, what is the duty of care owed to a discovered trespasser?

Answer 10

Duty to protect from a “known, manmade, death-traps on the land.”

Question 11

Define licensee?

Answer 11

Someone who enters onto land with permission, but without conferring any economic benefit on the possessor.

Question 12

Classic example of a licensee?

Answer 12

House/social guest.

Question 13

Duty of care to licensee?

Answer 13

Duty to protect from:

a concealed condition of which the possessor must have prior knowledge

Question 14

Boiled down, a possessor must protect a licensee from . . .

Answer 14

All known traps on the land

Question 15

Define an invitee.

Answer 15

Someone who enters property with permission AND confer an economic benefit OR the property is open to the public at large.

Question 16

What is the poster child for invitees?

Answer 16

Customer.

Question 17

The duty of care to invitees?

Answer 17

Possessor owes a duty to protect invitees from a condition meeting the following criteria:

Condition must be concealed

Condition must be one the possessor knew about OR could have discovered through a reasonable inspection.

Question 18

Boiled down, a possessor must protect an invitee from . . .

Answer 18

All reasonably knowable traps on the land

Question 19

The longer a foreign substance has been on the floor, the more likely . . .

Answer 19

The possessor reasonably knew.

Question 20

Firefighters and police officers often enter real estate as part of their duties. In what situation can they recover for an injury that is an inherent risk of their job?

Answer 20

Never

Question 21

A possessor of land owes a duty of what to a trespassing child?

Answer 21

Reasonable prudence to protect from artificial conditions on the land.

Question 22

A owns land. A is a reasonably prudent person. A asks himself, “how likely is it that kids will trespass on my land?” What considerations?

Answer 22

Location (across street from school or in the middle of nowhere)

Attractive Nuisance Doctrine (is there anything on my property that will draw kids in?)

Question 23

In any case where the possessor of land owes a duty, there are two alternative ways to satisfy a duty: what are they?

Answer 23

Fix the hazard on the land.

Give a warning

Question 24

If a choice mentions a warning in a premises liability question, it is likely/unlikely the right answer

Answer 24

Likely, but don’t go on autopilot.

Question 25

How does the duty of care to invitees differ from licensees?

Answer 25

Duty to protect invitees from concealed conditions that the owner knew about or should have known about (through reasonable inspection)

Duty to protect licensees from concealed conditions that the owner knew about (no inspection needed)