Torts week 11 - invitee.-Responsibility of Common Carriers...

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Torts week 11 Modification of a general standard arising out of special relationships between the parties. - General duty of reasonable care maybe raised or lowered, because of some special relationship existing between the parties. - Responsibility of Possessors of the Land for the Safety of Trespassers, Licensees, and Invitees o Depending if the person in regards to the landowner, is a trespasser, licensee, or invitee, it’ll lower the standard of reasonable care (never raise). Invitees and Licensees Being on the land w/ permission of the possessor. Trespassers Enters or remains on land w/o a privilege to do so. Landowner has lowest duty. But liable for wonton negligence or things that could cause serious bodily injuries o Rowland Abolished the 3 classes of people. But that was only for California. Some states kept it, and others took the middle ground, combining licensee and
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Unformatted text preview: invitee.-Responsibility of Common Carriers for the Safety of Their Passengers o Common carriers are held to a higher duty of care to their passengers. Such as elevators, and ski lifts o Responsibility of Operators of Motor Vehicles for the Safety of Their passengers Some states have a lower duty of care for non-paying guests o The Absence of a General Duty to Rescue Just because someone realizes that an action on their party is necessary for anothers aid or protection, doesnt impose upon him a duty to take such action. Unless there is an affirmative duty. Tubbs case shows affirmative duty when driver crashes car, and doesnt render aid to passenger of his car. Some courts applied it to self defense cases too. o Good Samaritan rule, allows rescuers to rescue a person without being prosecuted. Quiz will be on website...
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This note was uploaded on 12/20/2011 for the course TORTS 131 taught by Professor Keller during the Fall '11 term at Western State Colorado University .

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