Qualified Duty (Premisis Liability) Flashcards
QUALIFIED DUTY
(HAS LIMITATIONS, CIRCUMSCRIBED TO PARTICULAR CIRCUMSTANCES)
Qualified Duty = Limited Duty of Care
3 Categories of “qualified” or limited Duty:
1) affirmative duty / duty-to-Rescue - unreasonably failed to provide assistance or protection
2) premises liability - permitted or maintained unreasonably dangerous conditions on a property in possession.
3) Pure Economic Loss - acted without reasonable care for Plaintiff’s economic prospects.
- Relationship Between Parties
- Duty Issue is “IN PLAY” - Plaintiff must prove why D was obligated / had a DUTY.
Exceptions to rule of NO DUTY:
Section 314A of the Restatement:
Special Relations Giving Rise to Duty to Aid or Protect:
1) common carriers
2) Innkeeper
3) Possessor of Land who holds it open to public have a duty to members of the public who enter as Invitees.
4) One who is required by law to take or voluntarily takes the custody of another.
(legal / Voluntary Guardians)
Depue v. Flatau (minn 1907)
- Home owner sent away a severely ill, fainting, and helpless business man (held Liable)
- Illness not fault of Defendant.
Restatement 314A:
- Duty to give aid to an injured person extends to cases where Plaintiff is injured:
1) by natural causes
2) by accident
3) by a 3rd party
4) or to P’s own negligence (bump on the head)
INVITEE
- A person who enters or remains on Premises at express or implied invitation of possessor for purpose associated with possessor’s business or other public purpose.
Standard of Care: Reasonable care in maintaining Premises
- Affirmative steps to discover dangers
- If possessor knows/ should know of danger that isn’t known or obvious to entrant, possessor must fix danger or warn invitee.
LICENSEE
- A person who enters or remains on land with permission or consent of occupier
Standard of Care:
Warn licensee of HIDDEN natural or artificial dangers. (Licensee does not know about / would not discover)
TRESPASSER
- a person who enters land without permission or invitation
Standard of Care
- Refrain from willful harm
Children: duty of reasonable care
Adults on land with dangerous artificial conditions - Duty to Warn.
Willful and Wanton injury
- conduct must differ in quality, as well as degree from ordinary negligence
- involving a conscious disregard of a known serious danger.
Leffler v. Sharp (Miss. 2004)
Premises Liability
Leffler = Trespasser
- no mutual advantage
- went beyond bounds of invitation (lost status as Invitee)
Ownership, Possession, and Occupation
- Tenant is possessor for Tort Liability
L.S. ARYES (SC Indiana)
- Recognizes a property owner’s duty to one in peril on his property as an invitee, even though injury / peril was not caused by the Property Owner.
Rowand v. Christian (CAL. 1968)
ANTI RIDGID CLASSIFICATION RULE / PRO EXERCISE OF REASONABLE CARE
Reject common law classifications and approach premises liability problem according to ORDINARY NEGLIGENCE.
- Life / Limb not less worthy based on classification.
Major Factors which should determine Imminuty of Possessor:
- connection between conduct and injury
- moral blame of D’s Conduct
- prevent future harm
- insurance availability
TaraSoff V. The Regents of The U of California (CA 1976)
FORESEEABILITY
Foreseeable harm requires a person to warn or control conduct of another person if there is a SPECIAL RELATIONSHIP.
Psychologist / patient relationship.
Duty of Care (Section 315 Restatement 2nd of Torts)
- a duty of care may arise from either
A) special relation between actor and a person which imposes a duty upon the actor to control the person, or
B) a special relation between the actor and the other which gives to the other a right of protection.
Duty to exercise reasonable care to protect third persons.
