Negligence 3

Question 1

Landowner (D) duty overarching rule

Answer 1

D owes a different non-delegable duty to different types of entrants

Question 2

Different types of landowner duties (6)

Answer 2

1. invitee
2. licensee
3. trespasser
4. artificial condition
5. attractive nuisance
6. landlord-tenant

Question 3

What is an “invitee”

Answer 3

Someone who enters land (1) open to public with (2) potential to confer economic benefit

Question 4

Landowner duty to invitee (statement + 2)

Answer 4

Exercise reasonable care to prevent injuries: (1) inspect) + (2) make safe dangerous conditions

Question 5

What is a “licensee”

Answer 5

Guest: someone who enters land (1) not open to the public (2) not to confer economic benefit

Question 6

Landowner duty to licensee

Answer 6

Duty to warn of or make safe known dangers

Question 7

What is a “trespasser”

Answer 7

Someone who enters land without express/implied consent

Question 8

Landowner duty to anticipated/known trespassers

Answer 8

Duty to warn of or make safe known, artificial, highly dangerous conditions.

Question 9

Can a landowner use deadly force to defend property against anticipated/known trespassers?

Answer 9

No

Question 10

Landowner duty to undiscovered trespassers

Answer 10

None