Special Negligence Duties based on type of Defendant

Question 1

Standard for Children

Answer 1

Under 5: no standard

Age 5-18: Held to the standard of a child like age, intelligence, and experience acting under similiar circumstances
–subjective standard
–pro D

EXCEPTION: Child engaged in adult activity
—use ordinary standard
–most common: operating a motorized vehicle (not just cars)

Question 2

Standard for Professionals

Answer 2

Same care as average member of profession providing similar professional services.
–NOTE: AVERAGE, not reasonable
–compare to real world, not imaginary.
–empirical standard, custom. NATIONAL standard

Typically established by expert witness

Cases against them are typically called malpractice claims.

DO NOT SAY “REASONABLE PROFESSIONAL”

Question 3

Possessors of Land (“Premises Liability”) Generally

Answer 3

Special relationship between possessor and person who comes on land.
—THere are rules for duty to protect from dangerous conditions.
—BUT ACTIVITIES conducted on land use typical standard

NOTE: POSSESSOR NOT ALWAYS OWNER

Four different standards that vary on STATUS OF ENTRANT

Question 4

Unknown Trespassers

Answer 4

NO DUTY owed to them

Question 5

Known/Anticipated Trespassers

Answer 5

Established by knowledge or PATTERN of trespass.

Duty to warn/make safe any condition that:
1) Artificial
2) Highly dangerous
3) Concealed, AND
4) Known to the land possessor in advance

In other words, “known, man made death traps”

Question 6

Licensees

Answer 6

Enters land with permission BUT WITHOUT financial benefit to possessor. Express or implied.

Usually social guests.

Duty IF:
1) Concealed
2) Known by possessor

“All known traps”

Question 7

Invitees

Answer 7

Enter land with permission for FINANCIAL BENEFIT of possessor
–includes when open to public at large, don’t necessairly need to spend money

DUTY IF:
1) COncealed
2) Known by possessor OR could have discovered through reasoanble inspection
–reasoanble intervals of time, resaoanbly thorough. doesn’t need to be perfect.

“All reasonably knowable traps”

Question 8

How to satisfy presmises liability duty

Answer 8

Elimiate hazard condition:
1) Repair
2) Replace
3) Remove

Or warn

Question 9

Premises Liability: Firefighter and POlice Officesrs

Answer 9

No duty owed for risks inherent to job.

Question 10

Trespassing Children

Answer 10

Reasonable prudent care under circumstances to protect from ARTIFICIAL hazards.

Take into account how likely/unlikely it is for kids to trespass. If unlikely, okay to leave lots of artificial hazard, b/c its reasonable.

Look out for “kid magnets,” like a swing set. Look out for being near schools. Or in neighborhoods with families.