Duty Flashcards
Undiscovered Trespasser
Generally no duty to warn or make safe dangerous artificial conditions on land. (Owed no duty of care)
Exception: Attractive Nuisance Doctrine
Discoverer/Anticipated Trespasser
Duty to warn or make safe hidden dangerous artificial conditions known on land
Licensee
“Social guest”
Duty to make safe or warn of ALL concealed dangers (artificial or not, no matter how dangerous) known or should know of. (No duty to inspect)
Invitee
Enters land for economic benefit or public place (store)
Duty to warn or make safe ALL dangers knows or should know about. (Duty to inspect)
Attractive Nuisance Doctrine
Duty to make safe dangerous conditions where kids likely to trespass
- Place where kids likely to trespass
- Owner should know about serious risk
- Risk kids cannot understand
- Utility of fixing outweighs burden
Children
Child must conform to the standard of a child or same age, intelligence, and experience.
Exception: Doing an adult activity
Landowner’s Duty Off Premises
Duty to protect from unreasonably dangerous artificial structures or conditions abutting adjacent land
*Does not apply to natural conditions unless decaying trees in urban area
* Duty does not depend on legal status of person
Automobile Driver Liability
Owner of car generally not liable for the torts causes by a driver whom gave permission to drive UNLESS:
- Permissive Use Doctrine
- Family Car Doctrine (only immediate fam or household members)
Duty of Care to Rescuers
A party that need rescuing is liable if he negligently puts himself or others in danger
Landowner’s duty to invitee in regards to tortuous acts of a 3rd person
Example: store owner may have a duty to take reasonable security measures to protect customer in known crime area
Is there a duty to help or protect others?
No.
Exception: Special relationships where def has a heightened level of control over the safety of the individual (parents, inkeeper, warden, nursing home, mental institutions)
