Under the attractive nuisance doctrine, a landowner has a duty to exercise ordinary care to avoid reasonably foreseeable risk of harm to children caused by artificial conditions on the property. To recover under this doctrine, the plaintiff must show:

1. There is a dangerous condition present on the land of which the owner is or should be aware;
2. The owner knows or should know that young persons frequent the vicinity of this dangerous condition;
3. The condition is likely to cause injury,i.e., is dangerous, because of the child’s inability to appreciate the risk; and
4. The expense of remedying the situation is slight compared with the magnitude of the risk.

res ipsa loquitur

requirements?

effect?

The circumstantial evidence doctrine of res ipsa loquitur deals with those situations where the fact that a particular injury occurred may itself establish or tend to establish a breach of duty owed.

Res ipsa loquitur requires that:

1. The accident is of a type that normallydoes not occur in the absence of someone’s negligence;
   
2. The evidence connects the defendant to the negligence (i.e., this type of accident ordinarily happens because of the negligence of someone in the defendant’s position); and
   
3. The injury was not attributable to the plaintiff or any third person.

effect:  permissible inference of negligence (so D can't get directed verdict)

bailee is liable to the bailor only for___ If the bailment is

1) for the sole benefit of the bailor

2) thesole benefit of the bailee

3) the sole benefit of a third party

4) the mutual benefit of the bailor and bailee

If the bailment is for the sole benefit of the bailor, the bailee is liable only for gross negligence. An example of a bailment for the sole benefit of the bailor is someone taking in the mail of a vacationing neighbor (the bailor).

If the bailment is for thesole benefit of the bailee, the bailee is liable even for slight negligence. An example of a bailment for the sole benefit of the bailee is the owner of a lawnmower letting a neighbor (the bailee) borrow it.

If the bailment is for the sole benefit of a third party, the bailee may be liable to the bailor for ordinary negligence.

Similarly, if the bailment is for the mutual benefit of the bailor and bailee, the bailee is liable to the bailor for negligence. An example of a bailment for the mutual benefit of the bailor and bailee is a computer owner (the bailor) delivering it to a repair shop (the bailee).

partial comparative negligence

“combined comparison”