Subcategories of Negligence

Question 1

The following defines what?

The duty of care that those who occupy real property owe to those that enter the premises

Answer 1

Occupiers’ liability

Question 2

The following defines what?

At common law, a person that entered the occupier’s property with permission

Answer 2

licensee

Question 3

The following defines what?

at common law, a person that entered the occupier’s property with permission and under a business relationship where a fee for entry was paid

Answer 3

invitee

Question 4

The following defines what?

a person who is in physical possession of premises or who has responsibility for and control over the premises

Answer 4

occupier

Question 5

What does the Occupiers Liability statutes cover?

Answer 5

• general duty of care (the duty does not make occupiers liable for any and all injuries that occur on their premises)
• right to limit liability (occupiers may “restrict, modify, or exclude” their duty by taking reasonable steps to bring the restriction, modification, or exclusion to the attention of entrants)

Question 6

The following describes what?

Where a person enters the occupier’s property with the intention of committing a crime (e.g. trespassing at night) the occupier does not have to take reasonable care but only has to avoid creating a danger with the deliberate intent of causing harm

Answer 6

Duty to Wrongdoers and those who assume risks

Question 7

The following describes liability for who?

• Duty to take reasonable care to ensure guests get home safely and to protect people who may encounter intoxicated guests
• Ie the person leaves drunk, hits another person, the host may be partially responsible for both parties
• Also applies to office hosts and their employees (ie office parties)
• Always liable if anything happens to a person who was drinking there

Answer 7

Commercial Host liability

Question 8

The following describes liability for who?

• Currently no recognized duty to protect guests or third parties
• They could be liability in the future, especially for minors

Answer 8

Social Host liability

Question 9

The following describes which type of product liability?

• A category of product liability whereby the product in question was designed in a way that was unreasonably safe
• The defendant does not need to be perfect in designing its products but must have acted reasonably in the circumstances
• Ie providing proper instructions
• Use a “risk-utility” analysis to weigh the benefits and risks of a design

Answer 9

Negligent design

Question 10

The following describes what type of product liability?

• A category of product liability whereby the product in question suffered from a defect resulting from the manufacturing product
• A product that was properly designed is defective because something went wrong in manufacturing
• Tends to only affect specific batches of a product rather than the entire inventory
• Res ipsa Loquitour - the thing speaks for itself - ie when it is clear who is at fault (you don’t have to prove how it occurred - it is presumed it is the manufacturer) - puts the burden of proof on the defendant - courts will presume negligence on the part of the manufacturer

Answer 10

Negligent manufacture

Donaghue v. Stevenson

Question 11

The following describes what type of product liability?

• Duty to warn - the duty of care of manufacturers and others to provide reasonable warning to consumers of dangers inherent in the use of the product
• Manufacturer has a duty to warn consumers of danger inherent in use of the product
• Higher degrees of danger require more explicit warnings

Answer 11

Failure to Warn