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Flashcards in Premises Liability Deck (25)
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1

In a premises liability situation, someone enters

Someone enters a piece of real estate and, while there, they are hurt by a dangerous condition on the property

2

What duty does the possessor of the land owe the entrant to protect him from dangerous conditions therein?

It depends! 4 standards of care depending on the type of entrant

3

Four categories of entrant?

Undiscovered trespasser on the land.

Discovered/anticipated trespasser on the land

Licensee

Invitee

4

Define an undiscovered trespasser on the land.

Come on the land w/o permission and possessor does not know they are there

5

What duty of care to an undiscovered trespasser?

Absolutely none

6

Define a discovered/anticipated trespasser

A trespasser about whom the possessor knew or should have known

7

What duty of care to a discovered/anticipated trespasser?

Obligated to protect only from those conditions that meet the following 4-part test:

1) Artificial condition (i.e., built by humans)
2) Highly dangerous condition (serious injury or death)
3) Condition must be concealed from trespasser
4) Possessor had prior knowledge

8

What signal for a question involving a discovered/anticipated trespasser?

Someone has trespassed on the land in the past.

9

What is the 4-part test for the duty of care owed to discovered/anticipated trespasser?

1) Artificial condition (i.e., built by humans)

2) Highly dangerous condition (serious injury or death)

3) Condition must be concealed from trespasser

4) Possessor had prior knowledge

10

Boiled down, what is the duty of care owed to a discovered trespasser?

Duty to protect from a "known, manmade, death-traps on the land."

11

Define licensee?

Someone who enters onto land with permission, but without conferring any economic benefit on the possessor.

12

Classic example of a licensee?

House/social guest.

13

Duty of care to licensee?

Duty to protect from:

a concealed condition of which the possessor must have prior knowledge

14

Boiled down, a possessor must protect a licensee from . . .

All known traps on the land

15

Define an invitee.

Someone who enters property with permission AND confer an economic benefit OR the property is open to the public at large.

16

What is the poster child for invitees?

Customer.

17

The duty of care to invitees?

Possessor owes a duty to protect invitees from a condition meeting the following criteria:

Condition must be concealed

Condition must be one the possessor knew about OR could have discovered through a reasonable inspection.

18

Boiled down, a possessor must protect an invitee from . . .

All reasonably knowable traps on the land

19

The longer a foreign substance has been on the floor, the more likely . . .

The possessor reasonably knew.

20

Firefighters and police officers often enter real estate as part of their duties. In what situation can they recover for an injury that is an inherent risk of their job?

Never

21

A possessor of land owes a duty of what to a trespassing child?

Reasonable prudence to protect from artificial conditions on the land.

22

A owns land. A is a reasonably prudent person. A asks himself, "how likely is it that kids will trespass on my land?" What considerations?

Location (across street from school or in the middle of nowhere)

Attractive Nuisance Doctrine (is there anything on my property that will draw kids in?)

23

In any case where the possessor of land owes a duty, there are two alternative ways to satisfy a duty: what are they?

Fix the hazard on the land.

Give a warning

24

If a choice mentions a warning in a premises liability question, it is likely/unlikely the right answer

Likely, but don't go on autopilot.

25

How does the duty of care to invitees differ from licensees?

Duty to protect invitees from concealed conditions that the owner knew about or should have known about (through reasonable inspection)

Duty to protect licensees from concealed conditions that the owner knew about (no inspection needed)