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PA310_Unit8.pptx - PA 310 Tort Law Special Negligence...

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PA 310 Tort Law
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Special Negligence Actions/Defenses Outline: Review Negligence Elements Premises Liability Vicarious Liability Negligence Per se Affirmative Defenses
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Negligence Elements Duty Breach Causation (cause in fact and proximate cause) Damages
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Premises Liability Owners and occupiers of land have a special duty under negligence. Owners and occupiers include a property owners or renters.
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Premises Liability Three categories of entrants on land: 1. Trespassers 2. Licensees (social guests) 3. Invitees (guests for business purpose)
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Attractive Nuisance If a person keeps dangerous property in a way that children might be attracted to it and be able to get at it, then that person is responsible even if the children are trespassing or at fault when they get hurt. See Bennett v. Stanley , 748 N.E.2d 41 (2001) on pages 63-64 in chapter 3 in the course text.
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Licensees Licensees: social guests who have possessor’s consent to be on the land, but do not have a business purpose for being there.
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