PREMISES LIABILITY

Question 1

PREMISES LIABILITY: LIST THEM

Answer 1

1. OFF-PREMISES
   - NATURAL CONDITIONS
   - ARTIFICIAL CONDITIONS
2. ON PREMISES
   (a) CATEGORIAL APPROACH
   - TRESPASSERS
   - LICENSEES
   - INVITEES
   (b) MERGER APPROACH
   (c) LESSOR AND LESSEE

Question 2

OFF-PREMISES: NATURAL CONDITIONS + CASE

Answer 2

A LANDOWNER’OCCUPIER is generally not liable for injury to off-premises Plaintiff caused by natural conditions on premises. Court’s exceptions: falling tress and landslides where the court applies the reasonableness test balancing various factors whether D’s conduct was proximate cause of P’s off-premises injury - prior knowledge.
FALLING TREE CASE

Question 3

OFF-PREMISES: ARTIFICIAL CONDITIONS + CASE

Answer 3

Landowner/occupier has a duty to take reasonable precautions to prevent unreasonable risk of harm to off-premises plaintiffs caused by artificial conditions on premises.
STRUCK BY BALL

Question 4

ON THE PREMISES: STATUS/CATEGORICAL APPROACH: TRESPASSERS

CASE

Answer 4

• Landowners / occupier generally owe no duty of care to a trespasser, who is said to assume the risk of injury by entering the premises w/out permission, BUT
• where dangerous condition or instrumentality exists on the premises (e.g., train), occupier may owe duty to warn of the danger or take additional precautions, such as when:

1. Occupier has actual / constructive notice of use by trespassers, OR
2. Occupier “discovers” at-risk trespasser’s presence, at which point occupier must THEN act w/reasonable care to avert injury if w/in their control.

TRESPASSER INJURED ON RAILROAD

Question 5

LICESEES DEFINED
DUTY TO LICENSEES

Answer 5

A licensee is a person that occupier permits to be on the premises but its presence has no business purpose (social guest).
an occupier owes the duty to warn of known danger but does not have the duty to inspect for hidden danger and/or fix known danger.

Question 6

INVITEES DEFINED
DUTY TO INVITEE

Answer 6

Invitee Defined: (a) person invited by occupier onto premises to conduct business w/occupier (e.g., customer) OR (b) member of public impliedly invited onto premises held open to the public.
Duty to Invitee: Occupier owes duty of reasonable inspection for hidden dangers and to undertake reasonable efforts to fix dangerous conditions on the premises.

implied invitee case - toilet use

Question 7

status change

Answer 7

Status change: the status of an invitee (e.g., customer) may change if they EXCEED the scope of their business purpose on the premises,
o If scope exceeded w/consent of occupier, then licensee.
o If scope exceeded w/out consent, then trespasser.
STORAGE ROOM CASE

Question 8

merger approach

Answer 8

a minority of jurisdictions have abolished the traditional distinction between licensees, invites trespassers and have adopted a reasonableness/balancing test. but even in these jurisdiction the occupier owes limited duty to warn/protect the trespasser.

Question 9

C. LESSOR AND LESSEE GENERAL RULE

Answer 9

General Rule: at common law, there is no tort liability for landlord, only potential K liability (caveat emptor), but courts have recognized 6 exceptions for defects existing at the time of the lease:
1. Undisclosed dangerous conditions known to lessor (landlord) and unknown to the lessee (renter),
2. Conditions dangerous to persons outside of the premises,
3. Premises leased for admission to public,
4. Parts of land retained in lessor’s control which lessee is entitled to use,
5. Where the lessor contracts to repair,
6. Negligence by lessor in making repairs.

Question 10

Landlord’s duty to take reasonable precautions against third-party criminal acts depends on following factors:

Answer 10

(1) landlord’s ability to exercise control;
(2) landlord’s advantageous position in exercising that control and minimizing risks; and
(3) knowledge of the landlord about the risk of criminal behavior.