Possessors of Land - TORT
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Negligence - Possessors of Land
- Some: same standard of care
- Others: 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.
- MD: 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.
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