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Question 1

What is the “open and obvious danger” doctrine?

Answer 1

At common-law landowners have no duty to warn about dangerous conditions that are open and obvious. Modernly comparative fault often applies

Question 2

If there is an open trap door in a living room, would that be obvious enough for the open and obvious danger doctrine?

Answer 2

Probably, so there would be no liability if someone fell in

Question 3

How are child trespassers treated?

Answer 3

• activities: same as adult
• artificial conditions: reasonable care to prevent injury for dangerous conditions or from dangerous machinery that children wouldn’t realize the danger of
• natural conditions: same as adult

Question 4

What do land possessors have to know/should know with regard to children in order to be liable for their trespass?

Answer 4

That they are likely to trespass on that part of the land

Question 5

When does the heightened duty for child trespassers not apply?

Answer 5

When the danger is obvious even to kids

Question 6

What is the child entrant doctrine?

Answer 6

This bars recovery against a child for damage to property. You don’t have a duty to discover a trespassing child, but if you do, then due care is owed to warn or protect him from artificial conditions that risk death/GBI as long as the following exist:

• condition is a foreseeable risk of unreasonable danger to trespassing kids
• it is foreseeable that children would likely trespass where the condition is
• the child trespasser is unaware of risk
• the risk of danger of the condition outweighs its utility

Question 7

In order for the child entrant doctrine to apply, do all four of the conditions have to be present?

Answer 7

Yes

Question 8

What are the four major conditions of the child entrant doctrine?

Answer 8

1. Condition is a foreseeable RISK of unreasonable danger to trespassing child
2. FORESEEABLE that children are likely to trespass where condition is
3. Child trespasser is UNAWARE of the risk
4. Risk of danger of the condition OUTWEIGHS the utility

Question 9

What is required for the first condition of the child entrant doctrine?

Answer 9

Defendant knows or reasonably should know that the condition exists and that it involves an unreasonable risk of death or serious bodily harm to kids

Question 10

Does D have a duty to inspect the land to discover unreasonable risks under the child entrant doctrine?

Answer 10

No, this doctrine only applies if he knows or should know of the condition

Question 11

If the danger is something a child would ordinarily be expected to recognize, is that a foreseeable risk?

Answer 11

No, children that are old enough to play without parental supervision are expected to recognize the danger represented by ordinarily dangerous things

Question 12

What are some of the dangers that children are expected to know?

Answer 12

• water can produce drowning
• fire can produce burns
• heights or holes can produce falling

Question 13

What is required under the second condition of the child entrant doctrine?

Answer 13

If defendant has no reason to anticipate children are likely to trespass, the heightened standard of care is not triggered

Question 14

How does foreseeability come so that a landlord should know that kids are likely to trespass where a condition is?

Answer 14

• from knowledge of past trespassers
• proximity to places that kids are likely to be
• accessibility
• locations near parks or playgrounds, on or near streets, or easily climbed areas

Question 15

What is required for the third condition for the child entrant doctrine?

Answer 15

Because of the child’s age or immaturity they don’t discover the condition or appreciate the danger that it represents

Question 16

What is the test for the third element of the child entrant doctrine?

Answer 16

Whether the condition or device that causes the injury is unfamiliar to a child of similar age

Question 17

What are the three ways that would make it so the defendant didn’t owe a heightened duty to prevent injury to a child trespasser?

Answer 17

• if the child was aware of the condition
• understood the risks
• and was able to avoid it

Question 18

If a child is aware of the condition, understands the risk, and is able to avoid it, then what is the child treated as?

Answer 18

An adult trespasser

Question 19

If a child is trespassing on your land and is injured by moving machinery, water, or fire, how is the child treated?

Answer 19

As an adult trespasser because most children are expected to appreciate the danger these things

Question 20

The younger the child, the more likely a condition will be considered what?

Answer 20

An attractive nuisance because he will be too young to realize the danger

Question 21

Things like fire, bodies of water, falling from a height, and moving trains are known to children, so usually you don’t have a liability to children for them, but if what else is present, then you do?

Answer 21

Some other dangerous condition like a concealed section at the bottom of the pool

Question 22

What is the requirement under the fourth element of the child entrant doctrine?

Answer 22

Utility must be high compared to the risk, so apply the learned hand formula

Question 23

The duties that a lessor would have owed if he had kept possession continue until when?

Answer 23

For a reasonable time after he leases the land until the Lessee has had a reasonable opportunity to discover the condition and remedy it.

Question 24

If a land transferor warned the other of a condition at transfer, for how long does the transferor stay responsible for that condition?

Answer 24

Only the time required to repair the condition, and after that, the Lessee’s own negligence is considered superseding

Question 25

If a Lessor actively conceals a danger, how long does liability continue for?

Answer 25

Until the Lessee actually discovers the danger and has a reasonable time to remedy it

Question 26

What is the duty owed by a Lessor with regard to dangerous conditions on the land?

Answer 26

He owes a duty to discover and repair them if he had reason to know or at least to warn the Lessee of them before transferring possession

Question 27

What is considered a dangerous condition on land?

Answer 27

Any artificial condition that involves any risk of harm

Question 28

What is an existing condition on land?

Answer 28

Any condition that could be potentially dangerous at the time of transfer and is likely to develop into real dangers later on

Question 29

What are patent dangers?

Answer 29

Dangerous conditions that are reasonably apparent

Question 30

Do patent dangers create a duty?

Answer 30

No, but latent dangers create a duty to repair or warn

Question 31

What is a latent danger?

Answer 31

One that is concealed or hidden and involves any risk of harm and is known to the Lessor

Question 32

The lessor doesn’t owe a duty for dangerous conditions that come about after the transfer unless what two things occur?

Answer 32

• he made negligent repairs

- he failed to make repairs he agreed to make in the lease

Question 33

If a landlord promises something gratuitously, is a duty owed?

Answer 33

No, because the tenant’s reliance isn’t justifiable

Question 34

If a landlord undertakes to make repairs and does it negligently, what is liable for?

Answer 34

Any injuries related to the negligence

Question 35

If a landlord repairs a hot water heater and ends up scalding someone, what is he liable for?

Answer 35

Scalding injury

Question 36

If a landlord does repairs, and ends up hurting someone through his negligent repair, does it matter if the repair was undertaken gratuitously or not?

Answer 36

No, he is still liable for the injury

Question 37

What are the two different views about a lessor not making repairs he agreed to make in the lease?

Answer 37

• traditional: no liability

- modernly: lessee has a right to rely, so recovery is allowed

Question 38

If a third-party comes onto leased land and is injured, what is the view about the landlord’s liability?

Answer 38

• traditionally: no duty

- modernly: owes the same duty to third persons as to the Lessee

Question 39

Known and latent defects on leased property create a liability to whom?

Answer 39

Tenants and guests

Question 40

If a guest slips on your icy steps that you knew were icy, does your landlord become liable?

Answer 40

Sometimes both you and the landlord are liable but generally if you had a reasonable opportunity to discover and remedy the condition, then that is considered a superseding breach on your part, and you are liable

Question 41

What is the privilege of reasonable force for a landlord?

Answer 41

Landlords can use reasonable force to expel a trespasser or defend his property