Tort Class special negligence actions Flashcards
Special Negligence actions
cases involving certain well-defined activities
- property ownership
- employer/employee activities
- motor vehicle use
Occupiers
include individuals who do not own but who do use real estate, including tenants (owner)
Attractive Nuisance
- owner is aware its there and it is an artificial condition (man made)
- attractive to kids
- presence of kids are reasonably foreseeable
- the danger to the children outweighs the cost of making the condition safe
Licensees
persons who have permission to be upon another’s land
Duty of care to Licensees
owes a duty of reasonable care; obligations to correct known dangers, but no required to discover and correct unknown dangers
Invitees
persons invited upon the landowner’s premises
Duty of care to Invitees
owes highest duty of reasonable care; must repair known dangers AND must discover and correct unknown risk
(the invitee would not be on the land to begin with had it not been for the owners invitation)
Implicit invitation
expressed ex. welcome sign
Implied invitation
ex. leaving door open during bussiness hours
Bailment
an act of delivering goods to a bailee for a particular purpose, without transfer of ownership
Bailor
the property owner
Baillee
one who keeps it until the bailor requests the item
Chattel
personal property (real property)
Gratuitous Bailment
a friendly arrangement; a type of bailment in which the bailee receives no compensation
Mutual Benefit Bailment
when there is an exchange of performances between the parties