Possessors of Land - TORT
Card Set Information
Possessors of Land - TORT
Negligence - Possessors of Land
: same standard of care
: differing duties based upon the entry.
MD is a traditional jurisdiction.
Duty of Care to Trespasser
Refrain from willful or wanton misconduct or reckless harm.
Discovered or anticipated trespassers
Warned/protected against hidden dangers
No duty to warn against natural conditions which don't pose risk of death.
Duty of Care to Trespasser: MD
MD: duty to refrain from willful or wanton harm or entrapment.
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.
: this is not a doctrine recognized by the courts.
A person who enters the land with express or implied permission.
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.
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.
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.
A person who comes onto the land for the possessors purpose or a joint purpose.
Duty of Care to Invitee
The possessor owes a duty of reasonable care which cannot be delegated to an independent contractor.
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.
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.
Off premises victims - natural conditions
Generally not liable for injuries, except for trees in urban areas.
Off premises victims - artificial conditions
Prevent unreasonable risk of harm to persons not on the premises.
Reasonable care in conducting activities on the land.
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.