tort trespass Flashcards
Public Invitees
Property Use
Enters property to enjoy or use for purpose for which it is held open to the public
Public Invitees
Duty
Duty of resonable care
Business invitees
Property Use
Enters property to provide commercial benefit to owner/ possessor
Business Invitees
Duty
Duty of Reasonable Care
What type of potential P is this?
Shopper in Publix grocery store plus child accompanying shopper; Firefighters included by statute
Business Invitees
Invited Licensees
Property Use
Enters property with permission
Invited Licensees
Duty
Duty of reasonable care (same as for invitees)
what P is this?
Social Guest; Girl Scout at door to sell cookies
Invited Licensees
Uninvited Licensees
prop use
Enters property for his own convenience, pleasure; presence is tolerated by owner
Uninvited Licensees
Duty
Only liable if (1) no warning of known dangerous conditions; (2) intentional misconduct; or (3) gross negligence
same as discovered tresspassers
What P is this
Woman walking her dog on sidewalk who steps off into D’s yard; woman walking on city’s beach at time it was closed
Uninvited Licensees
Discovered Trespassers
Prop use
Entry for own purpose; Detected within 24 hours of accident
What P is this
Farmer sees hiker walking across farmer’s pasture, calling for lost dog, shortly before hiker is injured on the property
Discovered Trespassers
Discovered Trespassers
Duty
Only liable if (1) no warning of known dangerous conditions; (2) intentional misconduct; or (3) gross negligence
Discovered within 24 hours before injury
Prop use
Undiscovered Trespassers
Enters property without invitation or license; entry undetected within 24 hours before accident
