Trespass, Licensee, and Invitee

Question 1

What is the premises liability duty of care?

Answer 1

Duty to people off the premises to protect them from unreasonably dangerous natural and artificial conditions

Question 2

What is a trespasser?

Answer 2

A person on a premises without permission

Question 3

What is a licensee?

Answer 3

A social guest on a premises for a mutual benefit

Question 4

What is an invitee?

Answer 4

A person who enters on to the property for economic gain or business visitor

Question 5

What is the duty to a trespasser?

Answer 5

You cannot willfully wantonly injure a trespasser

Question 6

What is the duty to a licensee?

Answer 6

A licensee takes the premises as they find it and the owner/occupier has a duty to warn of hidden dangers that are unknown to guest and known to the o/o; and to not willfully and wantonly injure guest

Question 7

What is the duty to an invitee?

Answer 7

An owner/occupier has a duty to use reasonable care to keep premises safe for invitee’s use

Question 8

Define an attractive nuisance

Answer 8

An attractive nuisance is something on another’s property that may harm a minor

Question 9

What duty of care must a owner/occupier exercise if they have an attractive nuisance on their property?

Answer 9

1. Burden of making the nuisance safe compared to the risk to the child
2. D knows or has known that children will come upon the property as children do not realize the risk due to their youth

Question 10

What is the firefighters rule?

Answer 10

If the nature of a job is a risk and the public employee is hurt, the landowner has not breached a duty

Question 11

What is the lease v. leases duty?

Answer 11

It imposes a duty on the landlord to protect the tenant against injuries from the property