Torts 2 - Owners And Occupiers Of Land

Front 1

Trespassers - Outside the Premises

Back 1

Occupiersand owners have no duty to protect persons off premises from natural conditionsoccurring on lane.

Front 2

Undiscovered Trespassers - On the Premises

Back 2

No duty is owed to an undiscovered trespasser.

Front 3

DangerousConditions Standard

Back 3

P'sstatus is relevant. The owner-occupier will owe different kinds of Ps a dutywith regard to different types of dangerous conditions.

Front 4

DiscoveredTrespasser- Definition

Back 4

Atrespasser whose presence has become known to owner-occupier

Front 5

Discovered Trespasser - Duty

Back 5

(1) Owner-occupier is responsible for artificial conditions involving a risk of serious injury that he knows of.

(2) Owner-occupier has a duty to warn of or make safe known conditions if non-obvious and highly dangerous.

Front 6

Licensee - Definition

Back 6

A person who is on the property of another, despite the fact that the property is not open to the general public, because the owner of the property has allowed the licensee to enter.

Front 7

Licensee - Duty

Back 7

(1) Courts will generally interpret this as a person who is on the property for her own purpose (e.g., social guest).

(2) Owner-occupier is responsible for hidden dangers unknown to licensee but known to the owner-occupier.

(3) Owner-occupier has a duty to warn of known dangerous conditions if they are non-obvious.

Front 8

Invitee - Definition

Back 8

Personwho is invited to land by the possessor of the land as a member of the public(public invitee) or one who is invited to the land for the purpose of businessdealing with the possessor of the land (business invitee).

Front 9

Invitee - Duty

Back 9

(1) Courts will interpret this generally as a person on the land for the purpose of the owner-occupier.

(2) Owner-occupier is responsible for dangerous condition that he should know of. (3) There is a duty to make a reasonable inspection of the premises for the benefit of invitees.

(4) Then a duty to make safe any nonobvious dangerous conditions.

(5) Note: Duty is greater to invitees than licenses.

Front 10

AttractiveNuisance Doctrine

Back 10

Whena landholder sets before young children a temptation that has reason to believewill lead them into danger, he must use ordinary care to protect them fromharm.

Front 11

ChildLicensees Exception

Back 11

Theremay be an obligation to inform a child licensee about a risk when there wouldbe no duty with regard to an adult.

Front 12

Lessor - Lessee Common Law Rule

Back 12

Lessorshave no liability to lessees or others entering the land for defectiveconditions existing at the time of lease.