Tortzilla: Qualified / Limited Duty Of Care

Front 1

What are the 4 classes of qualified duty of care cases?

Back 1

(1) Premises Liability
(2) Pure Economic Loss
(3) Affirmative Duty to Act / Rescue
(4) Exceptions

Front 2

Is there a penalty for a failure to act?

Back 2

Generally, there can be no liability for a failure to act.

Front 3

Describe premises liability

Back 3

The D carelessly permitted or maintained hazardous conditions in his premises.

Front 4

Describe Pure Economic Loss

Back 4

D acte w/o reasonable care of the P's economic proscpects

Front 5

In premises liability, does the possessor or the owner owe the duty of care?

Back 5

The party with actual possession and control of the property owes the duty of care.

Front 6

Describe the general rule as to duties owed to trespassers.

Back 6

The general rule is that a landowner owes no duty to the trespasser to make her land sage, to warn of dangers on it, or to avoid dangerous activities in any way.

Front 7

Under what conditions will a landowner owe an affirmative duty to trespassers?

Back 7

(1) Constant Trespass to the given area
(2) Discovered Trespassers

Front 8

How is constant trespass defined, and what duty does it impose?

Back 8

If a possessor knows that a
(1) limited part of his prop is
(2) frequently used by tresspassers, he has a duty to <b> warn or otherwise make safe</b> fo the dangers which are <b>not likely to be otherwise discovered.</b>

Front 9

How are discovered trespassers defined, and what duty is owed them?

Back 9

Once an owner has <b> knowledge</b> of another's trespass, he has an affirmative duty to make the land safe.

Front 10

Is a warning a per se discharge of premises liability?

Back 10

The warning s only considered as an effective discharge if the owner <b>reasonably believes</b> the trespasser will respond to the warning.

Front 11

What elements must a court weigh in determining liability for injuries of child trespassers?

Back 11

(1) Likelihood of Trespass
(2) Danger (knowledge of unreasonable risk)
(3) Failure to Heed
(4) Utility of the Danger
(5) Reasonable Care

Front 12

Who is a licensee?

Back 12

A person who has the owner's permission to be on the property in question without being there for a business purpose.

Front 13

When are firefighters and safety personnel considered Invitees as opposed to Licensees

Back 13

If the wrongdoer has acted <b> willfully and intentionally</b>

Front 14

What duty is owed to licensees?

Back 14

The owner has a duty to warn of any hazards of which the owner reasonably knows or could reasonably anticipate.

Front 15

What is the duty to licensee's with regards to natural conditions?

Back 15

There is a duty to warn of natural condition.

Front 16

What is the duty to licensees with regards to inspection.

Back 16

There is no duty to licensees to inspect a property for hidden dangers.

Front 17

What duty is owed to licensees regarding passive conditions of the land?

Back 17

Only to warn.

Front 18

What duty is owed to licensees regarding activities on the land?

Back 18

Owner ower an affirmative duty to make activities or actions on his premises <b>reasonably safe</b> for licensees.

Front 19

What level of care is owed to passengers in an automobile?

Back 19

The same as that which is owed to licensees.

Front 20

Who is an invitee?

Back 20

An invitee is a person who has (1) permission to be on the land and (2) a business purpose for being there.

Front 21

Must a business partner be currently conducting business to be considered an invitee?

Back 21

No, existing business relationship between P and D is sufficient.

Front 22

When is a member of the public considered an invitee?

Back 22

If (1) the land is held open to the public and (2) the member of the public enters for the reason it was held open

Front 23

When may an invitee become a licensee or trespasser?

Back 23

If an invitee leaves the expected area of business and goes beyond the scope of his invitation, he may become a trespasser.

Front 24

What duty is owed to invitees?

Back 24

The overriding test is what the P reasonable expected to be the scope of his invitation or license and what level of safety he expected that the property owner would provide.

Front 25

What duty to inspect is owed to invitees?

Back 25

A property owner has an affirmative duty to inspect his property for hidden dangers. This however, does <b>not</b> equate to a duty to have found all of the dangers.

Front 26

What duty to make safe is owed to invitees?

Back 26

There is an affirmative duty for a business owner to maintain their property in such a way as to prevent patrons and tenants from being victimized by criminal activity.

Front 27

What is the test for sufficiency of warning to an invitee?

Back 27

(1) A warning is sufficient if it will suffice to remove the danger.
(2) if the owner knows or can reasonably expect a warning to be insufficient, additional steps must be taken.

Front 28

May pure economic loss be a cause for liability?

Back 28

No, however, economic loss incurred because of other tortuous conduct may allow <b>tacking</b> of liability.

Front 29

When does a duty to give aide arise?

Back 29

(1) If there is a special relationship that would require giving aid.
(2) If the D was involved in creating the peril.
(3) The D and P are co-ventureres
(4) D assumes the duty.

Front 30

What duty of care is owed by common carriers and innkeepers?

Back 30

There is a minimal duty to furnish assistance to patrons.

Front 31

What duty of care is owed among persons with existing business relationships?

Back 31

If a client or patron is injured on a business's premises, there is a duty to provide reasonable care to mitigate the harm and seek assistance.

Front 32

What relationships carry an affirmative duty to aid?

Back 32

Employer/Employee
School/students
Landlord/Tenants
Custodian/Those in custody

Front 33

What duty arises when a D is involved in an injury?

Back 33

A D has an affirmative duty to render assistance or warning upon discovering the problem.

Front 34

What duty arises from the co-venturer relationship?

Back 34

In the minority of jurisdictions, the co-venturer relationship spawns a duty to warn and assist.

Front 35

What duty arises if D voluntarily begins to render assistance?

Back 35

D must provide assistance to a reasonable point and keep P safe while in their care.
D may not discontinue aide to the P if so doing would leave the P in a worse condition than when P began.

Front 36

What besides the obvious actions constitutes an undertaking?

Back 36

(1) Past custom
(2) warning
(3) inspection

Front 37

When is a promise to undertake binding?

Back 37

(Majority) A promise is binding if P relies on it
(3rd Restatement) A promise without any furtherance of it creates a duty

Front 38

How is sovereign immunity defined?

Back 38

Public employees are immune fom suit in tort when they are <b>implementing professional discression</b> and operating within the mandate and <b>guidelines of their specific agency</b>.

Front 39

How are good samaritan laws defined? (minority approach)

Back 39

(1) knows that another is exposed to (2) grave physical harm shall, to the extent that the same can be rendered (3) without danger or peril to himself, or without (4) interference with duties owed to others give (5) reasonable assistance, (6) unless it is

Front 40

What good samaritan duty do physicians and other off duty health professionals have?

Back 40

40 states have laws which relieve a physician of liability who voluntarily gave aide (with the exception of gross negligence)

Front 41

What duty to warn does a physician have (tarasoff)

Back 41

If a physician (1) knows or has reason to know of a threat to a third party, and (2) can ID that victim, they have an affirmative duty to warn.

Front 42

What duty do social hosts owe?

Back 42

If the host negligently served alcohol to their guest when there was a foreseeable risk of injury, the court will impose liability.

Front 43

What exceptions are there to social host liability?

Back 43

(1) Statutory restrictions
(2) When public policy is in favor of precluding duty and therefore, liability.

Front 44

What are the elements of social host liability?

Back 44

(1) Host knew or should have known that the guest was drunk
(2) Host directly served the guest, or allowed the guest to serve themselves, after he had revealed himself as intoxicated.
(3) Whether the host knew of should have known that the guest would dri