special negligence duties based on types of defendant Flashcards
duty owed to users of recreational land
landowner who permits the general public to use their land for recreational purposes without charging a fee is not liable for injuries suffered by a recreational user - unless landower willfully and maliciously failed to guard against or warn against dangerous condition/activity
duty of possessor to those off premises
generally no duty to protect someone off premises from natural conditions on premises; duty for unreasonably dangerous artificial conditions or structures abutting adjacent land
duties of lessor and lessee or realty
lesee - maintain premises
lessor - warn of existing defects of which they are aware or have reason to know and which the lesee is not likely to discover on their reasonable inspection
-if lessor covenants to repair they are liable for unreasonably dangerous conditions
-if the lessor volunteers to repair and does so negligently they are liable
duties of vendor of realty
vendor must disclose to vendee concealed, unreasonably dangerous conditions of which vendor knows or has reason to know, and which vendor knows the vendee is not likely to discover on a reasonable inspection