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15 Cards in this Set

  • Front
  • Back

IS THERE A DUTY FOR A UNDISCOVERED TRESPASSER?

SHEEHAN

NO. THERE IS NO DUTY FOR AN UNDISCOVERED TRESPASSER.

WHAT DETERMINES HOW YOU ANALYZE AN INJURY ON THE PREMISES?

WAS THE INJURY SUSTAINED BECAUSE OF AN ACTIVITY or DANGEROUS CONDITION

NORMAL ACTIVITY OR DANGEROUS CONDITION

TRESPASSER, LICENSEE, OR INVINTEE

WHAT ARE THE TWO STANDARDS TO ANALYZE INJURIES ON PROPERTY?

ACTIVITY STANDARD AND DANGEROUS CONDITION STANDARD

IF A PERSON WAS INJURED FALLING DOWN A WELL-LIT AND RAILED FLIGHT OF STAIRS WITH NO OBSTRUCTIONS HOW WOULD YOU ANALYZE THAT OCCURENCE?

ACTIVITY STANDARD

TREATED AS AN ORDINARY NEGLIGENCE CASE WITH A REASONABLE PERSON STANDARD.

IF A PERSON AT A PARTY WAS INJURED FROM A BROKEN FAUCET HANDLE, HOW WOULD YOU ANALYZE THAT OCCURENCE?

DANGEROUS CONDITION STANDARD

CATEGORY OF PERSON & TYPE OF CONDITION

Duty for this person is to use reasonable care to prevent injury for all artificial conditions known to create a risk of injury and to warn of such condtions, once his presence is known to the land owner.

Discovered Tresspasser

True or False

A Visitor retains his status of an invitee, only while he is on the part of the land to which his invitation extends to.

True

Restatement of Torts Section 332
Whelan

True or False


An invitee can become a trespasser

True



once the owner no longer consents to the party remaining on the land, or if the party enters a part of the property that he was not permitted to enter up.

IF THE PURPOSE FOR THE ENTRANCE IS FOR THE PERSON HIMSELF WHAT CATEGORY IS HE?

LICENSEE

IF THE PURPOSE FOR THE ENTRANCE IS FOR THE PURPOSE OF THE LAND OWNER WHAT CATEGORY IS HE?

INVITEE

OWNER MUST WARN OF DANGEROUS CONDITIONS, UNKNOWN TO PLAINTIFF, THAT OWNER KNOWS OF

LICENSEE

THIS CATEGORY OF PERSON MUST TAKE THE PREMISES AS HE FINDS THEM.

LICENSEE

OWNER HAS A DUTY TO MAKE SAFE ANY NON-OBVIOUS DANGEROUS CONDITIONS HE SHOULD KNOW OF & MAKE A REASONABLE INSPECTION OF THE PREMISES.

INVITEE

TRUE OR FALSE


THERE MAY BE AN OBLIGATION TO INFORM A CHILD VISITING YOUR HOME ABOUT RISK WHEN THERE WOULD BE NO DUTY IF IT WERE AN ADULT

TRUE



THERE MAY BE A DUTY TO INFORM A CHILD LICENSEES OF RISK THAT AN ADULT WOULD NOT BE INFORMED OF.

WHEN A LANDHOLD SETS BEFORE A YOUNG CHILD A TEMPTATION THAT HE HAS REASON TO BELIEVE WILL LEAD THEM INTO DANGER, HE MUST USE REASONABLE CARE TO PROTECT THE CHILD FROM HARM

ATTRACTIVE NUISANCE DOCTINE