Term
| The duty of possessors extends to what three types of people? |
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Definition
1. Licensee
2. Invitee
3. Trespasser |
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Term
| What duty does a possessor owe to a licensee? |
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Definition
| The duty to warn of dangerous conditions if possessor is aware of the condition |
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Term
| What duty does a possessor owe to an invitee? |
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Definition
| The duty to inspect for hidden dangers. |
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Term
| What duty does a possessor owe to a trespasser? |
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Definition
| A possessor owes no duty to a trespasser. (there are exceptions) |
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Term
| What are the four exceptions to the duty towards trespassers? |
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Definition
1. Limited Trespass
2. Rescuers
3. Known Trespasser
4. Attractive Nuisance |
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Term
| What does "Limited Trespass" mean? |
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Definition
| The trespasser only uses a limited portion of the land. (must be known by possessor) |
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Term
| What is the rescue doctrine? |
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Definition
| doctrine under which anyone who negligently causes harm to a person or property may be liable to one who is injured in an effort to rescue the imperiled person or property |
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Term
| What are the criteria to the rescuer doctrine? |
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Definition
*The possessor must negligently cause harm to person or property
*The harm must be imminent, real, and require immediate action. |
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Term
| What does "known trespasser" mean? |
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Definition
| The trespasser is elevated to a status of "licensee" when the possessor does not repeatedly drive them out. |
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Term
| What are the 5 criteria for the "attractive nuisance" doctrine? |
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Definition
1. knows children are likely to trespass
2. knows condition poses unreasonable risk of injury to children
3. Child is unaware of danger posed by condition
4. Benefit in maintaining condition is slight compared to risk posed.
5. Possessor fails to use reasonable care to protect children. |
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Term
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Definition
| persons invited by possessor of land onto her property for the purpose of conducting business |
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Term
When are you liable for hazardous conditions outside the property?
(e.g. your tree falls outside the property) |
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Definition
*If the hazardous condition is artificially caused
*In urban or suburban areas you may be required to remove hazardous or rotten trees |
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Term
| What are the tenant's duties? |
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Definition
| The tenant's duties are the same as a possessor of land but do not extend to the "common areas." |
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Term
| When is the landlord liable for dangers? |
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Definition
| The landlord is liable for dangers he knows about and the tenant has no reason to know about. |
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Term
| Must the landlord inspect for dangers? |
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Definition
| When the landlord knows the property is to be held open to the public. |
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Term
| Does the landlord have a duty to perform repairs? |
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Definition
| If he has a contractual agreement or if he starts to perform repairs, he must perform them reasonably. |
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Term
| Does the landlord have a duty to protect the property from criminal activity? |
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Definition
1. If the landlord is responsible for a known defective condition that could cause criminal activity
2. If the landlord assumes the duty to provide security he must do so thereafter reasonably. |
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Term
| Under the common law, does one have the duty to protect or aid others? |
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Definition
| No unless there is a special relationship. |
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Term
| Does one ever owe a duty to a third party? |
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Definition
Occasionally e.g.:
psychotherapist-patient-plaintiff
friend-intoxicated person-plaintiff
tavern owner-intoxicated person-plaintiff |
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Term
| What is the Professional Rescuer Doctrine? |
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Definition
| limits or bars the liability of tortfeasors to professional rescuers such as police officers and firefighters who sustained injuries as a result of ordinary negligence. |
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Term
| What is the main rule with emergency assistance? |
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Definition
| Once assistance has begun, it must be continued with reasonableness. |
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Term
| What duties do public entities have? |
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Definition
| The same as a private person |
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Term
| what is the definition for an "attractive nuisance?" |
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Definition
| dangerous condition on the defendant's property that is likely to induce children to trespass |
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Term
| what is the definition for a "business invitee?" |
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Definition
| one who enters the land for a purpose connected with the business dealings of the possessor |
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Term
| what is the definition for "duty?" |
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Definition
| legal obligation to act reasonably and that arises out of our relationship to others |
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Term
| what is the definition for the "family purpose doctrine?" |
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Definition
| doctrine that makes the owner of a car liable for the tortious acts of family members committed while driving |
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Term
| what is the definition for "Good Samaritan statutes?" |
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Definition
| Law providing that anyone who provides medical assistance is not liable for damages arising from that assistance as long as care is provided in god faith and does not constitute gross negligence |
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Term
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Definition
| person who has possessor's consent to be present on land |
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Term
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Definition
| conduct that creates an unreasonable risk of harm to another |
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Term
| what is a public invitee? |
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Definition
| one who enters the land for the purpose for which the land is held open to the public |
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Term
| respondeat superior doctrine: |
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Definition
| doctrine that makes an employer liable for the tortious acts of employees committed in the scope and furtherance of their employment. |
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Term
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Definition
| liability for the tortious acts of others. |
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