Negligence

Question 1

Invitees

Answer 1

Enter onto D’s land at D’s express or implied invite and for a purpose relating to D’s interest or activities.

Question 2

Duty to Invitees

Answer 2

Defendant has duty to exercise REASONABLE CARE to prevent injuries caused by activities conducted on D’s land.

D has a duty to reasonably search out dangers on the property.

Question 3

Licensees

Answer 3

Enter D’s land with D’s express or implied permission and are not there for a purpose benefitting D or D’s activities, nor is the land held open to the public (i.e. social guest).

Question 4

Duty to Licensees

Answer 4

Must warn of known concealed dangers (just warn, not cure).

Question 5

Duty to trespassers

Answer 5

Duty to avoid infliction of willful or wanton harm.

Known or frequent trespasser – Duty to warn of concealed dangerous artificial conditions.

Question 6

Duty owed if D is engaged in an activity on the land

Answer 6

Duty of reasonable care owed to all except trespassers

Question 7

Attractive Nuisance Doctrine (Child Trespassers)

Answer 7

Heightened standard of care may apply as to artificial conditions on D’s land. Even though child is trespassing, if the below prerequisites are met, the child will be treated as an invitee:

1) too young to appreciate danger;
2) D knows, or has reason to know, of trespass;
3) D knows of dangerous condition;
4) Condition is artificial; AND
5) Risk of danger of artificial condition > its utility and burden to fix it.

Question 8

Duty to Plaintiff adjacent to land

Answer 8

Artificial condition on land - duty of reasonable care

Natural condition from land - no duty except trees in urban areas.

Question 9

Landlord/Tenant Negligence Liability

Answer 9

LL not liable unless:

1) Common area over which LL retains control;
2) Negligent repairs;
3) At time of lease, LL knows of a concealed dangerous condition; OR
4) LL knows that T is going to hold property open to public.