Duties Owed By Owners And Occupiers Of Land

Front 1

outside premises natural hazards

Back 1

if hazardous condition exists naturally on land, property owner generally has no duty to remove it or guard against it, even if it poses an unreasonable danger to persons outside the property.
• in urban or other thickly settled area courts less likely to apply this rule.

Front 2

outside premises artificial hazards

Back 2

owner has a general duty to prevent an unreasonable risk of harm to persons outside the premises.

Front 3

trespassers general rule

Back 3

no duty to trespasser to make land safe, to warn of dangers on it, to avoid carrying on dangerous acts on it, or to protect trespasser in any other way

Front 4

exceptions to trespasser gen rule

Back 4

1. constant trespass on limited area
- must use reas care to make safe or at least warn of dangers
2. discovered trespassers
-duty to excercise reas care for safety
3. children
- attractive nuisance

Front 5

attractive nuisance doctrine

Back 5

1. knows kids likely to trespass
2. reason to know condition poses unreas risk of serious injury or death to kids
3. kids because of their youth cannot discover or appreciate the danger of the condition
4. benefit of maintaining condition in dangerous form is slight against risk to children
5. fails to use reasonable care to eliminate danger

clear precise warning about hazard will discharge duty.

Front 6

persons privileged to enter irrespective of Lo's consnet

Back 6

• Invitees: sanitary inspectors, garbage collector, city water meter reader, postman
• Licensees: firemen/policemen. D must warn if he knows they’re present

Front 7

licensee

Back 7

person who has owner’s consent to be on property, but who doesn’t have a business purpose for being there, or anything else entitling him to be on land apart from owner’s consent.

On land for own purposes or social guest

Front 8

duty to licensee

Back 8

• does not owe duty to inspect for unknown dangers.
• If owner knows of dangerous condition, must warn of that danger
• Duty to exercise care in active operations.

Front 9

invitees

Back 9

on land for possessor’s purposes pursuant to invite made to public generally or
relating to possessor’s business interests.

Front 10

duty to invitees

Back 10

• O owes duty of reasonable inspection to find hidden dangers.
• Must use reasonable care to take affirmative action to remedy a dangerous condition.
• Duty to warn
• Duty to exercise care in active operations.

Front 11

invitees scope of invitation

Back 11

: if visitors use of premises goes beyond business purpose or beyond part of premises held open to public, that person will change from invitee to a licensee. (Whelan)

Front 12

rejection of categories

Back 12

 A number of courts have rejected categories of trespasser, licensee, and invitee, and now apply general single reasonable person standard of liability.

 Half the states give social guests benefit of duty of due care: (treated as invitees)
• But most states not willing to abolish categories when it comes to trespassers.

Front 13

lessor & lesee

Back 13

o Lessee: tenant is treated as if she were the owner—all above rules apply to her
o Lessor: in general, not liable in tort once he transfers possession to the lessee,

Front 14

exceptions to general lessor lessee rule

Back 14

1. known to lessor unknown to lesee
2. conditions dangerous to person outside of permises
3. open to public
4. common areas
5. lessor contracts to repair
6. negligent repairs
7. general negligence standard.