Torts Flashcards
A licensee is one who enters onto the land with
the possessor’s permission for her own purpose or business, rather than for the possessor’s benefit.
Licensee Duty of Care
The possessor has a duty to (1) warn of or make safe dangerous conditions (natural or artificial) known to the owner that create an unreasonable risk of harm to the licensee and that the licensee is unlikely to discover, and (2) exercise reasonable care in the conduct of “active operations” on the property.
The possessor has no duty to inspect or repair.
On public policy grounds, firefighters and police officers are considered licensees when they enter premises in the discharge of their duties.
Also note that social guests are considered licensees.
Invitees enter onto the land in response to
an invitation by the landowner (i.e., they enter for a purpose connected with the business of the landowner or enter as members of the public for a purpose for which the land is held open to the public).
Invitee Duty of Care
The landowner or occupier owes the same duties owed to licensees plus a duty to make reasonable inspections to discover nonobvious dangerous conditions and, thereafter, make them safe (a warning may suffice). One will lose invitee status if she exceeds the scope of the invitation.
Does the injured invitee (P) have to prove that the D had actual knowledge?
The injured invitee is not required to prove that the D had actual knowledge of the object on the floor. It is sufficient to prove constructive notice. If an ordinary prudent person, given the facts and circumstances the business owner knew or should have known, could have foreseen the risk of danger resulting from such circumstances, the business owner has a duty to exercise reasonable care to avoid the genesis of the danger.
Duty to an undisclosed trespasser?
No duty is owed to an undiscovered trespasser.
Duty to discovered or anticipated trespassers?
As to discovered or anticipated trespassers, the landowner must: (1) warn of or make safe concealed, unsafe, artificial condition known to the landowner involving risk of death or serious bodily harm, and (2) use reasonable care in the exercise of “active operations” on the property. (No duty is owed for natural conditions or less dangerous artificial conditions.)
Easement and license holders owe a duty of __________ ____ to trespassers.
reasonable care
