Special Negligence duties based on type of Defendant

Question 1

What standard are children held to?

Answer 1

A child of like age, intelligence and experience.

A child under five is without capacity to be negligent.

Question 2

When are children treated differently? What is the standard when treated differently?

Answer 2

When they are under five (no negligent capabilities) OR
When they are engaged in adult activities. Then they should conform to a reasonably prudent adult doing that activity.

Question 3

Professional standard of care?

Answer 3

Must possess knowledge/skill of average member of profession in good standing.

Question 4

What geographic area are doctors held to?

Answer 4

A national standard of care.

Question 5

What does a doctor have a duty to disclose?

Answer 5

A duty to disclose the risks of treatment to enable patient to give informed consent.

Question 6

When does a doctor breach their duty to disclose?

Answer 6

If an undisclosed risk was serious enough that reasonable person would have withheld consent on learning of risk.

Question 7

What traditional standards of care are possessors of land held to?

Answer 7

It depends on Plaintiff’s status as
1)unknown trespasser,
2)known trespasser,
3)licensee or
4) invitee.

Question 8

What is an unknown trespassers?

Answer 8

UNDISCOVERED trespassers.

Question 9

What is the duty owed to unknown trespassers?

Answer 9

No duty is owed.

Question 10

What is a known trespasser?

Answer 10

One a landowner has DISCOVERED or ANTICIPATED.

Question 11

What duty is owed to known trespassers?

Answer 11

Must WARN
or MAKE SAFE
ARTIFICIAL conditions KNOWN TO LAND POSSESSOR IN ADVANCE that are

HIGHLY DANGEROUS (risk of death/serious bodily harm)
CONCEALED

Question 12

Does a land owner owe a duty to known trespassers for natural conditions on land?

Answer 12

No.

Question 13

Does a land owner owe a duty to known trespassers for Active operations on land?

Answer 13

Yes– reasonable care.

Question 14

What is a licensee?

Answer 14

SOCIAL GUESTS who enters land with Possessor’s permission for their
OWN PURPOSE OR BUSINESS
giving NO ECONOMIC BENEFIT to land owner

Question 15

What duty is owed to licensees for artificial conditions?

Answer 15

Land possessor has duty to
WARN
or
MAKE SAFE

dangerous conditions that are KNOWN IN ADVANCE

AND

CONCEALED

Question 16

Does a land poss. have a duty to inspect for licensees?

Answer 16

LAND POSSESSOR HAS NO DUTY TO INSPECT OR REPAIR.

Question 17

Does a land owner owe a duty to licensees for natural conditions? If so, what is it? When is it implicated?

Answer 17

Yes. They must make safe known conditions.
When the conditions are
NON OBVIOUS
AND
DANGEROUS.

Question 18

Does a land owner owe a duty to licensees for Active operations?

Answer 18

Yes, duty of reasonable care.

Question 19

What is an invitee?

Answer 19

Entrants who enter land in response to invite from Land Possessor for business, or member of the public if land held open to public.

Question 20

What type of things do invitees do on the land they’re invited to?

Answer 20

THey enter for a purpose connected with business of land possessor

OR

as members of public for a purpose for which land is held open to public.

Question 21

When does an invitee lose status as an invitee?

Answer 21

When they exceed scope of the invitation.

Question 22

What duty does land owner owe to invitees for artificial conditions?

Answer 22

Land Poss. has a duty to make

–Reasonable Inspections
) Known to land possessor in ADVANCE
OR
3) COULD HAVE BEEN DISCOVERED by land owner’s reasonable inspection.
TO discover

–CONCEALED AND
–DANGEROUS conditions

AND

WARN OR

MAKE SAFE
Hazardous conditions that are
1) Concealed
AND
2 DANGEROUS

Question 23

What duty to land owners owe to licensees for natural conditions?

Answer 23

Warn or make safe
KNOWN conditions
that are
CONCEALED and DANGEROUS

Question 24

What is the difference in a land possessors duty as respect to artificial conditions danger levels between Known trespassers and licensees?

Answer 24

For known trespassers, the artificial condition must be highly dangerous.

For licensees, it just must be dangerous.

Question 25

What duty is owed in Attractive Nuisance?

Answer 25

Land owner must excercise: 1)ORDINARY CARE 2) to avoid a REASONABLY FORSEEABLE RISK OF HARM TO CHILDREN 3) Caused by DANGEROUS ARTIFICIAL conditions on their property

Question 26

What must plaintiff show to establish Attractive Nuisance?

Answer 26

1) A dangerous, artificial conditions on land that LA knows or should know about 2) Owner KNOWS or SHOULD KNOW that kids might Trespass on land 3) The ARTIFICIAL conditions is LIKELY to cause injury (because children can't appreciate the risk of it) 4) EXPENSE OF REMEDYING situation is slight compared to magnitude of risk.

Question 27

In Attractive Nuisance, does the child have to be attracted not the land by the dangerous artificial conditions? Is the attraction enough to impose liability?

Answer 27

No. No.

Question 28

When does a land owner owe no duty to recreational users of the land?

Answer 28

If they are permitting the general public For no cost For recreation No liability

Question 29

When does a land owner face liability for recreational land uses?

Answer 29

When they willfully and maliciously failed to warn or guard against a DANGEROUS CONDITION or ACTIVITY

Question 30

What is the duty of a possessory to those off premises for natural conditions on their land? BOLD

Answer 30

No duty OFF premises from NATURAL CONDITIONS on premises.

Question 31

What is the duty of land possessor to those off premises for artificial conditions? BOLD

Answer 31

There is a duty for unreasonably dangerous ARTIFICIAL CONDITIONS or STRUCTURES abutting adjacent land.

Question 32

How must one carry on activities on premises to avoid liability? BOLD

Answer 32

IN a manner that avoids unreasonable risk of harm to others off premises.

Question 33

What is a lessee's duty to the premises?

Answer 33

A general duty to maintain.

Question 34

What must the lessor warn about?

Answer 34

Existing defects of which they are aware of have reason to know about AND which they know lessee is unlikely to discover on reasonable inspection.

Question 35

What happens if the lessor covenants to repair something on premises?

Answer 35

They are liable for unreasonably dangerous conditions.

Question 36

What happens if a lessor volunteers to repair something?

Answer 36

If they do so negligently, they can be liable.

Question 37

What happens if the guest of a tenant is injured? Who can be used?

Answer 37

The landlord may be liable as a lessor of the premises. The tenant may be liable to guest because of their owner/occupier status.

Question 38

What is the duty of vendor of realty? BOLD

Answer 38

Must disclose to vendee 1) concealed, 2)Unreasonably dangerous conditions 3) Which they know about 4) and vendee is not likely to discover with reasonable inspection