Negligence: Standard of Care

Question 1

Standard of care

Answer 1

Reasonably prudent person under the circumstances (objective standard)

Question 2

People with mental and emotional characteristics

Answer 2

held to the same standard as everyone else

Question 3

People with physical characteristics

Answer 3

Modified standard: taken into account; compared to a reasonably prudent person with like characteristics

Question 4

Intoxication

Answer 4

held to the same standard as sober people unless intoxication was involuntary

Question 5

Children

Answer 5

modified standard: reasonable child of similar age, intelligence, and experience

Exception: children engaged in high risk adult activities are held to the objective standard for adults

Question 6

Common carriers and innkeepers

Answer 6

Traditional rule: highest duty of care

Now: common carriers still higher standard, but now innkeepers are held to the ordinary negligence standard

Question 7

Automobile and drivers

Answer 7

General duty of reasonable care for guests and friends in a car

Question 8

Bailment

Answer 8

A bailee temporarily takes possession of another’s property (ex. driver leaves car w/ valet)

Question 9

Bailors and Bailees standard

Answer 9

Common law:

• bailor must warn a gratuitous bailee of known dangerous conditions
• if the bailor receives the sole benefit, then the bailee has a lesser duty
• if the bailee receives a benefit, then he has a higher duty of care

Question 10

Emergency situations

Answer 10

is that of a reasonable person under the same circumstances

Question 11

Invitees

Answer 11

Land possessor owes a duty of reasonable care to inspect the property, discover unreasonably dangerous conditions, and take reasonable steps to protect the invitee

Question 12

What is an invitee

Answer 12

someone who comes onto the land w/ a material or economic purpose

• public invitee: the land is held open to public
• business visitor: for a purpose connected to business dealings w/ the possessor of the land

Question 13

Licensees

Answer 13

land possessor has a duty to either make the property reasonably safe or warn licensees of hidden dangers

Question 14

What is a licensee

Answer 14

enters the land w/ express or implied permission

Question 15

What is a trespasser

Answer 15

someone on the land w/o consent or privilege

Question 16

There is no duty to?

Answer 16

trespassers (undiscovered ones)

but should refrain from willful, wanton, intentional, or reckless misconduct (ex. spring gun)

Question 17

Discovered or anticipated trespassers

Answer 17

duty to warn or protect from hidden dangers

Question 18

Attractive nuisance doctrine

Answer 18

May be liable for injuries to children trespassing on the land if:

• an artificial condition exists in a place where the owner knows or has reason to know that children are likely to trespass
• the land possessor knows or has reason to know that the AC poses an unreasonable risk of death or serious bodily harm
• the children do not discover or cant appreciate the danger
• the utility of maintaining the condition is slight compared to the risk of injury and
• the land possessor fails to exercise reasonable care

Question 19

Landlord

Answer 19

landlor must:
- maintain safe common areas
- warn of hidden dangers
- repair hazardous conditions

Question 20

Off premise victim

Answer 20

generally land possessor is not liable for injuries resulting from natural conditions but if it is artificial, they must prevent unreasonable risk of harm to persons not on premises