Premises Liability

Question 1

First step in Premises Liability

Answer 1

Determine entrant’s legal status in regard to Owner’s property , i.e., trespasser, licensee, or invitee

Question 2

Proper test is whether owner exercised ________ _____ in the management of property.

Answer 2

reasonable care

Question 3

Where traditional approach abolished, some statutes have been enacted to limit liability particularly as it pertains to _________ ___.

Answer 3

recreational use

Question 4

Trespasser: Persons present without a _______ __ _______ of possessor (express or implied)

Answer 4

privilege or consent

Question 5

Licensee: Persons present with ________, but for their own purposes

Answer 5

consent

Question 6

Invitee: Persons present at O’s _______ (express or implied) and for O’s benefit (realized or not)

Answer 6

invitation

Question 7

General Rule: O must refrain from willful, wanton, or reckless conduct regarding the safety of the premises

Answer 7

Trespasser

Question 8

Once O discovers trespassers or has reason to know that there are constant intruders, O has a duty
to exercise reasonable care in active operations; and
to warn of known dangers that are unlikely to be discovered by T (concealed artificial conditions)

Answer 8

Discovered/Anticipated Trespassers

Question 9

Most courts impose a duty to exercise reasonable care to avoid foreseeable risk of harm to children caused by artificial conditions on property. Questions are
Can child fully appreciate risk?
Is risk to children outweighed by utility of condition and burden of eliminating danger?

Answer 9

Artificial Conditions Highly Dangerous to Trespassing Children a/k/a Attractive Nuisance

Question 10

One who enters O’s property with either O’s express or implied permission but for own benefit rather than O’s.

Answer 10

Licensee

Question 11

Members of O’s household
Under majority rule, social guests
Unsolicited salesperson and persons loitering at places of business
Firefighters, police officers, and other rescue personnel

Answer 11

Licensee

Question 12

To refrain from actively endangering a licensee and to warn of concealed hazards known to O.

Answer 12

Duty to Licensee

Question 13

One who enters O’s property in response to an express or implied invitation of O. Usually presence is for the mutual advantage of both parties

Answer 13

Invitee

Question 14

One who enters as a member of public and for the property’s public purpose, or one who enters a public area which is encouraged by O, e.g., a museum; providing vacant area allowing persons to enter freely

Answer 14

Public Invitee

Question 15

One who enters for purpose connected with business or other interest of O

Answer 15

Business invitee

Question 16

One whose presence is reasonably required to achieve goal for which another person has been expressly invited, e.g., someone who comes to the assistance of an invitee.

Answer 16

Implied Invitee

Question 17

Owes a duty to use reasonable care, including care for
those risks which O is actually aware (even if Invitee is also aware)
those risks which O should have been aware or could have discovered upon reasonable inspection (constructive knowledge)
Reasonable Care: Requires that upon discovery, premises be made safe or adequate warning be provided

Answer 17

Duty to Invitee

Question 18

Invitor must provide reasonable first aid after it knows or has reason to know that P is ill or injured, and to care for P until P can be cared for by others

Answer 18

Ill and Injured Invitees

Question 19

Knowledge of dangerous condition will be imputed to O if significant period of time has elapsed; change in product

Answer 19

Constructive Notice

Dangers Known to O

Question 20

Knowledge of dangerous condition will be imputed to O where mode makes it likely that product will fall on floor

Answer 20

Mode of Operation Doctrine

Dangers Known to O

Question 21

Generally there is no duty to exercise care or take other precautions where dangerous condition is open an obvious unless there is reason to anticipate harm
A warning sign may not be sufficient to constitute due care so as to create an open and obvious danger

Answer 21

Open and Obvious Dangers Known to P

Question 22

O owes duty to protect against foreseeable criminal conduct under totality of circumstances

Answer 22

Protection Against Crime

Dangers Known to O

Question 23

Firefighters, census takers, police, garbage collectors, mail collectors, health inspectors may be characterized as licensees of invitees – often by statutes

Answer 23

Privileged Entrants

Dangers Known to O

Question 24

Person in occupation with intent to control it; if no other person has subsequently occupied it with such intent
Person who is entitled to immediate occupation of land, if no one else is in possession as stated above

Answer 24

possessor of land

Question 25

O has obligation for any portion of premises over which it retains control, e.g., corridors, lobbies, elevators, and has power to make necessary repairs or to provide necessary protection

Answer 25

Tenant v. Owner/Lessor

Question 26

O must warn of existing defects known to L or which L has reason to know
O has agreed to make repairs and reserves right to enter leased premises for purpose of inspecting for defects and repairing them.
O has negligently made repairs
O has the power leases premises knowing T intends to admit public but fails to advise of unreasonably dangerous condition which T is not going to repair

Answer 26

Tenant has obligation to maintain leased premises exceptions

Question 27

O owes a duty of reasonable care to invitees
who are on property which O is treating as its own; or
where it is reasonable to believe that O controls adjacent property
O has duty to exercise reasonable care with respect to its own activities on land and to control conduct of others on property
O has a duty to exercise reasonable care with respect to active operations on its own property to those off-property
O has a duty to exercise reasonable care with respect to artificial conditions on it own property to those off-property

Answer 27

Duty to Those Off-Premises