2 defendant created the harmful situation the

2. Defendant created the harmful situation the plaintiff is in => has duty to prevent/minimize harm
3. Defendant has a special relationship with that person, and thus owes them duty of reasonable
care with regard to risks that arise within the scope of the relationship.
4. When does defendant owe a duty to warn a 3 rd party that they do not have a relationship with?
Landowner Liability: Duty of Care
What is the reasonable precaution we’re asking for? A warning? Or elimination of the risk?
DUTY OWED TO ENTRANTS ON THE LAND : Unless the entrant to the land is a fragrant trespasser
(criminal), a landowner owes a duty of reasonable care to the entrants with regard to:
 Conduct by the landowner that creates risk
 Artificial (man-made) conditions of the land that pose risks
 Natural conditions on the land that pose risk
Children : “Attractive Nuisance” – How foreseeable is it that children will be attracted to the danger?
Flagrant Trespasser (Criminal) Rule : Only duty owed by landowner is to not act in an intentional, willful,
or wanton manner to cause harm
 Duty to exercise reasonable care will be imposed if flagrant trespasser is in peril and needs help
Special Relationships : Higher duty of care expected in the special relationships discussed above
DUTY OWED TO THOSE NOT ON THE LAND : Possessor owes a reasonable duty of care for artificial
conditions and conduct on the land that pose risk of physical harm to persons/property not on the land
Natural Conditions Duty:
 Commercial Property : Possessor has a duty to inspect for potential safety hazards
 Residential Property : Possessor only has duty of reasonable care if he knows of the risk or it is
obvious under visual inspection
o Public Walkway : owner of land has no duty to pedestrians or others with regard to a risk
posed by the condition of the walkway IF the land possessor did not create the risk
Public Policy: When should no duty be imposed?

3 rd Restatement – Only available in exceptional cases when a policy/principle warrants denying or
limiting liability to a particular class of people (Ex: baseball stadiums, firefighters, etc.)
1. Social Hosts Liability – Many juris. don’t extend liability to social hosts that serve alcohol for the
harm their guests cause because they are not deemed to be the proximate cause
2. Dram Shop Laws – Many juris. hold bars/restaurants liable for the harm caused by
overconsumption of alcohol of its guests
3. Voluntary Assumption of Duty : An actor that rendered services to the plaintiff AND knows (or