Possessors of Land - TORT

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Possessors of Land - TORT
2015-07-21 13:40:50
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  1. Negligence - Possessors of Land
    • Some: same standard of care
    • Others: differing duties based upon the entry.
    • MD is a traditional jurisdiction.
  2. Duty of Care to Trespasser
    Refrain from willful or wanton misconduct or reckless harm.
  3. Discovered or anticipated trespassers
    • Warned/protected against hidden dangers
    • No duty to warn against natural conditions which don’'t pose risk of death.
  4. Duty of Care to Trespasser: MD
    MD: duty to refrain from willful or wanton harm or entrapment.
  5. Duty of Care to Trespasser - attractive nuisance
    • (1) artificial condition exists
    • (2) where owner knows or has reason to know children are likely to trespass
    • (3) where the possessor knows/has reason to know that the artificial condition poses an unreasonable risk of death or serious bodily injury,
    • (4) children, because of their youth, do not discover or cannot appreciate the danger,
    • (5) utility slight to risk of injury, and
    • (6) possessor fails to exercise reasonable care.
    • MD: this is not a doctrine recognized by the courts.
  6. Licensee
    A person who enters the land with express or implied permission.
  7. DOC: licensee
    • Duty to correct or warn licensees of concealed dangers.
    • No duty to inspect, and possessor must exercise reasonable care in conducting activities on the land.
  8. MD: Duty of Care to Bare Licensee
    • Bare licensee is a person who is on the land by permission for the licensee’'s own purpose.
    • Owed duty to refrain from willful/wanton harm and entrapment.
  9. MD: Duty of Care to Licensee by Invitation
    • Licensee by invitation is a social guest or family members.
    • Exercise reasonable care to:
    • (1) Premises safe
    • (2) Warn of dangerous conditions which cannot be reasonably discovered and are not uncovered by the licensee by invitation.
  10. Invitee
    A person who comes onto the land for the possessor’s purpose or a joint purpose.
  11. Duty of Care to Invitee
    The possessor owes a duty of reasonable care which cannot be delegated to an independent contractor.
  12. MD: Duty of Care to Invitee
    • Exercise reasonable care
    • (1) to keep premises safe
    • (2) to protect invitee from injury caused by unreasonable risk that would not be discovered.
  13. Duty of Care for Landlords
    • Landlords are liable for
    • (1) injuries in common areas,
    • (2) injuries from hidden dangers about which the landlord did not warn the tenant,
    • (3) injuries from premises that are leased for public use, or
    • (4) injuries from a hazard which the landlord has agreed to repair.
  14. Off premises victims - natural conditions
    Generally not liable for injuries, except for trees in urban areas.
  15. Off premises victims - artificial conditions
    • Prevent unreasonable risk of harm to persons not on the premises.
    • Reasonable care in conducting activities on the land.
  16. Duty of Care for Sellers of real property
    • Duty to disclose concealed and unreasonably dangerous conditions known to the seller
    • Until the buyer has a reasonable opportunity to discover and remedy the defect.