Special Negligence duties based on type of Defendant Flashcards
What standard are children held to?
A child of like age, intelligence and experience.
A child under five is without capacity to be negligent.
When are children treated differently? What is the standard when treated differently?
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.
Professional standard of care?
Must possess knowledge/skill of average member of profession in good standing.
What geographic area are doctors held to?
A national standard of care.
What does a doctor have a duty to disclose?
A duty to disclose the risks of treatment to enable patient to give informed consent.
When does a doctor breach their duty to disclose?
If an undisclosed risk was serious enough that reasonable person would have withheld consent on learning of risk.
What traditional standards of care are possessors of land held to?
It depends on Plaintiff’s status as
1)unknown trespasser,
2)known trespasser,
3)licensee or
4) invitee.
What is an unknown trespassers?
UNDISCOVERED trespassers.
What is the duty owed to unknown trespassers?
No duty is owed.
What is a known trespasser?
One a landowner has DISCOVERED or ANTICIPATED.
What duty is owed to known trespassers?
Must WARN
or MAKE SAFE
ARTIFICIAL conditions KNOWN TO LAND POSSESSOR IN ADVANCE that are
HIGHLY DANGEROUS (risk of death/serious bodily harm)
CONCEALED
Does a land owner owe a duty to known trespassers for natural conditions on land?
No.
Does a land owner owe a duty to known trespassers for Active operations on land?
Yes– reasonable care.
What is a licensee?
SOCIAL GUESTS who enters land with Possessor’s permission for their
OWN PURPOSE OR BUSINESS
giving NO ECONOMIC BENEFIT to land owner
What duty is owed to licensees for artificial conditions?
Land possessor has duty to
WARN
or
MAKE SAFE
dangerous conditions that are KNOWN IN ADVANCE
AND
CONCEALED
Does a land poss. have a duty to inspect for licensees?
LAND POSSESSOR HAS NO DUTY TO INSPECT OR REPAIR.
Does a land owner owe a duty to licensees for natural conditions? If so, what is it? When is it implicated?
Yes. They must make safe known conditions.
When the conditions are
NON OBVIOUS
AND
DANGEROUS.
Does a land owner owe a duty to licensees for Active operations?
Yes, duty of reasonable care.
What is an invitee?
Entrants who enter land in response to invite from Land Possessor for business, or member of the public if land held open to public.
What type of things do invitees do on the land they’re invited to?
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.
When does an invitee lose status as an invitee?
When they exceed scope of the invitation.
What duty does land owner owe to invitees for artificial conditions?
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
What duty to land owners owe to licensees for natural conditions?
Warn or make safe
KNOWN conditions
that are
CONCEALED and DANGEROUS
What is the difference in a land possessors duty as respect to artificial conditions danger levels between Known trespassers and licensees?
For known trespassers, the artificial condition must be highly dangerous.
For licensees, it just must be dangerous.
What duty is owed in Attractive Nuisance?
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
What must plaintiff show to establish Attractive Nuisance?
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.
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?
No. No.
When does a land owner owe no duty to recreational users of the land?
If they are permitting the general public
For no cost
For recreation
No liability
When does a land owner face liability for recreational land uses?
When they willfully and maliciously failed to warn or guard against a
DANGEROUS CONDITION
or
ACTIVITY
What is the duty of a possessory to those off premises for natural conditions on their land? BOLD
No duty OFF premises from NATURAL CONDITIONS on premises.
What is the duty of land possessor to those off premises for artificial conditions? BOLD
There is a duty for unreasonably dangerous ARTIFICIAL CONDITIONS or STRUCTURES abutting adjacent land.
How must one carry on activities on premises to avoid liability? BOLD
IN a manner that avoids unreasonable risk of harm to others off premises.
What is a lessee’s duty to the premises?
A general duty to maintain.
What must the lessor warn about?
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.
What happens if the lessor covenants to repair something on premises?
They are liable for unreasonably dangerous conditions.
What happens if a lessor volunteers to repair something?
If they do so negligently, they can be liable.
What happens if the guest of a tenant is injured? Who can be used?
The landlord may be liable as a lessor of the premises.
The tenant may be liable to guest because of their owner/occupier status.
What is the duty of vendor of realty? BOLD
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
