Premises Liability Flashcards
Majority Rule Duty of Care to Lawful Visitors
Possessor has standard of reasonable care owed to all lawful visitors. Possessor owes a duty of reasonable care to entrants w/ regard to: (1) conduct by possessor that CREATES RISKS to entrants on the land; (2) ARTIFICIAL AND NATURAL CONDITIONS on the land that pose risks to entrants on the land; (3) other risks to entrants on the land when any of the affirmative duties is applicable.
Majority Rule Duty of Land Possessor to Trespassers
(1) The only duty a possessor has to trespasser is duty not to act in an intentional, willful, or wanton manner to cause harm. (2) However, possessor has duty to trespassers to exercise reasonable care if the trespasser reasonably appears to be helpless or unable to protect herself.
Attractive Nuisance Doctrine Standard of Care
Holds possessors to a standard of reasonable care if the possessor knows or has reason to know of the attractive nuisance.
Liability to Child Trespassers
Possessor is subject to liability to physical harm to children trespassing caused by an ARTIFICIAL CONDITION upon land if: (1) the place where the condition exists is one upon which the possessor KNOWS or HAS REASON TO KNOW children are LIKELY TO TRESPASS; and (2) condition is one of which the possessor KNOWS or has REASON to know and which he REALIZES/SHOULD realize will involve unreasonable risk of death/bodily injury to children; and (3) children do not discover the consdition/REALIZE THE RISK involved; and (4) the UTILITY to the possessor of maintaining it and the BURDEN of eliminating the danger are slight compared to the risk; and (5) possessor fails to exercise REASONABLE CARE to ELIMINATE the danger or otherwise PROTECT the children.
Duty of land possessor to those NOT on possessor’s land
(a) Possessor has duty of reasonable care for ARTIFICIAL conditions or conduct on the land that poses a risk of physical harm to persons or property not on the land. (b) For NATURAL conditions on the land that pose a risk of physical harm to persons or property not on the land, possessor has (1) duty of reasonable care if the land is commercial; otherwise (2) has duty of reasonable care ONLY IF possessor KNOWS of the risk OR the risk is OBVIOUS.
