Class Outline- ONLY Torts II 1. Chapter 12 - Carriers, Host-Drivers, and Landowners (Premises Liability)- chapter looks at the responsibility of the land possessor (land possessor is person in physical possession of the land (not just landowner) 1. Carriers and Host Drivers- (we talked about carriers when looking at IIED) 1. A Common Carrier is one who undertakes to transport all persons indiscriminately and is in the business of carrying passengers 1. Traditional Courts- A carrier of passengers for hire must exercise more than ordinary diligence for their protection. Their duty stops just short of insuring their safety and is bound to protect its passengers as far as human care and foresight will go and is liable for slight negligence. High degree of care must be exercised in foreseeing as well as in guarding against, danger 2. Modern Courts- Carriers still have a duty to avoid creating dangers for passengers and to act affirmatively to aid passengers and only requires ordinary care. Reject extra high standard of care for carriers and instead uses reasonable care standard 2. Landowner’s Duties to Trespassers, Licensees, and Children 1. Status is based on the person entering the land, and determines what duty is owed to them 1. Duty is also determined based on the condition of a property 2. Common Law Status Categories- HIGHLY JURISDICTIONAL, but in this class we use C.L classifications 1. Trespassers 1. Definition: One who enters or remains on the property in possession of another without the permission (either express or implied) of the land occupier 2. Bad intent or knowledge of trespass is NOT required, and the key is the absence of land occupiers permission OR absence of any privilege to be there 1. Generally no duty owed, or at least to refrain from willfully harming the trespasser- i.e., Need to avoid intentional, wanton, or willful injury and not allowed to set traps 3. Types of Trespassers- NO duty for natural conditions, i.e snow, ice, etc. 1. Undiscovered- NO DUTY 2. Discovered 1. Duty to warn or make safe artificial conditions known to the landowner that involve a risk of death or serious BI that the trespasser is unlikely to discover 2. A trespasser is discovered when: (1) when actually noticed on the property by the owner or occupier; OR (2) If the owner or occupier is notified by information sufficient for a reasonable person to conclude that a person is on the property 3. Anticipated 1. Duty to warn or make safe artificial conditions known to the landowner that involve a risk of death or serious BI that the trespasser is unlikely to discover 2. A trespasser is anticipated when the landowner knows or reasonably should have known of the presence of trespassers who constantly cross over a section of his land 1. No trespassing sign can convert anticipated trespasser
to undiscovered trespasser 2. Licensees (NOT INVITEES, this is friend, etc.)- Called licensee b/c has a license to be where they are 1. Definition 1. One who enters the land with the express or implied consent of the land possessor 1. Can NOT be a customer, servant, trespasser, someone not in
You've reached the end of your free preview.
Want to read all 42 pages?
- Summer '18
- Stacy Scaldo
- Tort Law, duty