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Flashcards in Pieper Landowner Liability Deck (64)
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1

Danger Invites Rescue Rule

A tortfeasor who has placed himself or another in danger is liable for injuries suffered by someone who comes to the rescue of another person in danger. A rescue is deemed foreseeable therefore, injuries arising therefrom are proximately caused by the wrong doer.

2

Cardozo's statement on the rescue doctrine

The cry of distress is the cry for relief; foreseeability point of view and the rescuer is foreseeable

3

Strict product liability defect extends to

the rescue doctrine, also consider Res Ipsa Loquitur or defect in manufacturing

4

Landowner liability is generally with the

person who has possession of the property, which is not necessary the landowner

5

What is the rule in about 1/2 the states regarding tort liability for landowners

In about 1/2 the states tort liability arising from an existing dangerous condition depends on the duty owed to the person entering the land. The plaintiff's purpose for the visit, generally, determines her status and duty owed. The plaintiff will be classified as either a "trespasser," "licensee," or "invitee".

6

What is the most important element of a negligence claim against a landowner is the element of

Duty. Because the landowner has control over his land.

7

Trespasser Rule (MBE) not NY

A trespasser takes the land was he finds it, including existing latent dangerous defects, wild vicious domestic animals that may attack

8

Landowner owes a duty of care to a Trespasser Rule on the MBE

Generally no duty of reasonable care is owed to a person entering land who could be sued for trespass, EXCEPT to avoid intentionally or recklessly harming the trespasser, so the landowner cannot set traps or spring guns

9

A landowner cannot do what kind of conduct to a trespasser

The landowner cannot recklessly or intentionally harm the trespasser

10

A landowner (according to common law) that has vicious animals on their land, owe what kind of duty to a trespasser

According to about half the states, a landowner does not owe a duty except for wantoning to harm or injure a trespasser

11

According to the common law, once a landowner / possessor of land becomes aware of a trespasser's presence what is the duty owed to the trespasser by the landowner

once a landowner / possessor of land becomes aware of a trespasser's presence the duty owed to the trespasser by the landowner is a "duty of ordinary care," arises to avoid injuring the trespasser and to warn him of any latent conditions posing a risk of death or serious injury.

Once the landowner/possessor becomes aware that a trespasser is on the land, the landowner has to take action to prevent harm or to take ordinary care to prevent harm to the trespasser

12

What is the duty owed by a landowner if he is aware that trespassers regularly cross onto his property

Regular trespassers require the landowner to take necessary precautions to act reasonably when there is some dangerous defect on the land, and either warn, correct, or prevent the trespasser from the dangerous condition.

13

A landowner's duty is to act

reasonable under the circumstances, and make the premises as safe as a reasonably could

14

What is the rule when a landowner becomes aware that a trespasser is injured or trapped on his land

If a landowner discovers a trespasser that is either injured, trapped, helpless on the landowner's property, then the landowner mUST act reasonably to take care and assist even though the landowner did not cause the harm in the first place. The landowner does not have expose himself to harm (no duty to rescue) but the landowner must do something, like call emergency services.

If we find someone injured and helpless on our property, the possessor has to do something, and has an obligation to act reasonable

15

Rule for Licensee (non-NY)

Licensee is a person who is invited with consent to the landowner's property, and is non-business, such as friends, family, etc. The Licensee enters the land with the landowners express or implied consent for the licensee's own personal purpose, such as friends, guests [solicitors with owner's consent - no soliciting sign is trespassing].

16

What is the duty a landowner (non-NY) owes a licensee

A possessor owes a licensee a duty to warn ONLY of known latent dangerous defects

17

What is the landowner's liability for injury to a licensee that is injured by a hidden danger of which the occupier was unaware?

There is NO liability, and no liability arises if a licensee is injured by a hidden danger or which the occupier was unaware, even though the landowner could have discovered by inspection

18

What is the landowner's liability for injury to a licensee that is injured by a hidden danger of which the occupier was unaware, but could have discovered by inspection?

There is NO liability, and no liability arises if a licensee is injured by a hidden danger or which the occupier was unaware, even though the landowner could have discovered by inspection

19

What is the landowner's responsibility or duty once the possessor learns of a concealed dangerous condition on his property

Once the landowner learns of a concealed dangerous condition on his property, the landowner has a DUTY to repair or warn the licensee of its existence.

The duty to warn of known dangerous defects, the actual awareness of the occupier is the linchpin on the MBE

20

What is the duty of care owed to an "invitee" by a landowner

An "invitee" gets a heightened duty of care, and the landowner has an obligation to maintain the premise in a safe condition, AND the landowner must actively look for dangerous conditions

21

An invitee for the purpose of land that is "open to the public" gets what duty of care

gets the greatest duty of care, and is a person who enters land that is (1) open to the general public, (so Do not focus on the reason why or the purpose the invitee is using the land, but that it is open to the public), and the landowner has an obligation to maintain the premise in a safe and actively look for dangerous conditions / heightened duty of care

22

When you have a question the MBE about invitee when the land is open to the public do not focus on

Do not focus on the reason why or the purpose the invitee is using the land, but that it is open to the public

23

An invitee (not open to the public) is defined as

a person who enters the private premises to bestow a benefit on the landowner/possessor

24

What are the two types of invitees (non-NY)

(1) a person who enters land open to the public, and (2) a person who enters the private premises to bestow a benefit on the landowner (cable, phone, etc.)

25

The duty owed to invitees requires that

The duty owed to invitees requires that possessor to reasonably inspect latent defects, lack of knowledge of the danger is not a defense because the duty owed to the invitee is to reasonably inspect those areas in which the invitee may come

26

What is not a defense for a landowner when an invitee is injured on his property

The landowner is NOT entitled to use "lack of knowledge" of the dangerous condition, and has a duty to inspect for dangerous conditions

27

A landowner owes a duty to an invitee to

The possessor must inspect the premises and uncover the latent defects.

28

What is constructive notice

A possessor is deemed to have constructive notice of a hazardous condition on the premises when:
(1) the condition is visible, AND
(2) has existed for a reasonably sufficient length of time to afford the possessor a chance to correct or remedy the dangerous condition

29

When you have a dangerous condition that a landowner was not given actual notice, the approach is

to use the constructive notice doctrine, and determine how long the condition was there, and not knowing is not enough

30

Rule on warnings about dangerous conditions

A warning may suffice to remove a danger UNLESS that condition remained "unreasonably dangerous" despite the warning in which case the possessor owes a duty to eliminate the unreasonable dangerous condition.

The warning MUST make the situation sufficiently safe.