Responsibility of Owners of Land

Question 1

Invitees Prima Facie Elements

Answer 1

Public invitee: Invited on land for its public purpose of use.
Business Visitor: Invited while doing business with owner of land.

Question 2

Duty owed to Invitee

Answer 2

Liable for any harm if;

1. Knows/should know, through reasonable care, the condition and realize that it involves unreasonable harm to invitees, AND
2. Should expect invitees won’t discover/realize danger on their own, AND
3. Fails to execute reasonable care to protect them

Question 3

Licensees Prima Facie Elements

Answer 3

Private personal invite from land owner not for business

Question 4

Duty owed to Licensees: Does not need to inspect beforehand with reasonable care for potentially dangerous situations.

Answer 4

Liable for any harm if;

1. Knows/Has reason to know of a condition of unreasonable risk of harm to licensees, AND
2. Fails to exercise reasonable care to make condition safe, or warn the licensees, AND
3. Licensees don’t know/have reason to know of the condition and the risk, AND
4. Shouldn’t expect they will discover/realize the danger, AND

Question 5

Trespassers Prima Facie Elements

Answer 5

(a) In general, to refrain from wanton and willful conduct.
(b) However if trespasser has intent to commit a crime, the possessor may be liable for intentionally injuring the trespasser.

Question 6

Artificial Conditions Dangerous to Constant Trespassers on Limited Area

Answer 6

A possessor who knows/should know, of constant trespassers upon a piece of land, is liable for bodily harm caused by an artificial condition on the land, IF the Condition;

1. Is created or maintained by him, AND
2. To his Knowledge, is likely to cause death or bodily injury, AND
3. Knows that trespassers won’t discover it, AND
4. Has failed to exercise reasonable care to warn them of the condition/danger

Question 7

Artificial Conditions Highly Dangerous to Known Trespassers

Answer 7

A possessor who maintains an artificial condition on his land which involves a risk of death or serious bodily harm to others is subject to liability for that harm to them;

1. By his failure to exercise reasonable care to warn them IF
   (a) Knows/has reason to know of their presence in dangerous proximity to the condition, AND
   (b) B/c of condition, he has reason to believe that trespasser will not discover or realize it

Question 8

Artificial Conditions Highly Dangerous to Trespassing Kids

Answer 8

Liability for physical harm to kids trespassing caused by artificial condition, IF

1. Place is one where he has reason to know that children likely to trespass, AND
2. Condition is one he has reason to know & should realize will involve unreasonable risk of death/serious bodily harm, AND
3. Children don’t discover condition or realize danger b/c of their youth, AND
4. Owner fails to exercise reasonable care to eliminate danger or protect the kids.

Question 9

Evolution of Possessor of Land Liability: ROT 3rd

Answer 9

The landowner owes a duty of reasonable care to the entrant in regards to;

1. Conduct by the landowner that creates risk to entrants
2. Artificial conditions on the land that poses risks
3. Natural conditions on the land that pose risks, AND
4. Other risks to entrants on the land when any of the affirmative duties …are applicable

Question 10

Rowland (’68): Time to evolve the owner of land liability standard

Answer 10

The Courts mission is to evolve from the Common Law landowner liability tripartite scheme to a more broadly defined; “All persons are required to use ordinary care to prevent others being injured as the result of their conduct.”

Question 11

Younce (’86): WA: Juris. that disagrees w/Rowland

Answer 11

“We do not choose to erase our developed and traditional jurisprudence for a blank slate which could render unlimited liability on the land owner.”

Question 12

Mounsey: MA: Another Rowland Dissenting Juris.

Answer 12

We feel that there should be and is a significant difference to one who is on another’s land as a trespasser and one who is on the land under some right or invitation.

Question 13

Common Carriers: Resp. varies by jurisdiction

Answer 13

1. General Standard of Reasonable Care (AZ, NY)

2. Highest Degree of Care, Great Caution, Extraordinary Care (CO)

Question 14

Common Carriers: Definition varies by jurisdiction

Answer 14

1. CO, WA, FL = Includes ski lift, elevator, ambulance

2. TN, 5th Cir. = Denies carriage rides, whitewater rafting