LGST 101 Lecture 16

Landlord has duty to protect you since they dont

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Landlord has duty to protect you, since they don’t allow you to do anything else for yourself o Landlord must make sure place is safe They must protect you from intruders, fire, personal injury (like slipping on ice) These duties are implied – they are there by law If you go to restaurant, they have an obligation to make sure food is safe Drunk driving o We are implying certain responsibilities to people Recall dram, host-guest responsibility and liability o Have an obligation to act or protect people who are drinking
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o If you follow traditional law, that says there is no liability o But in this category, there may be liability o In this context, you have certain duties o Bailment – lend someone something, but you expect it back o There are exceptions o In general, you don’t have a duty to act, but if you’re involved, you do have responsibility of meeting your standard of care If you’re injured, plaintiff has burden of proof – plaintiff must prove that you were negligent o Plaintiff must show five regular requirements of negligence If plaintiff does, then he/she has met burden of proof o But under certain circumstances, there may be times where it is so obvious that you don’t need to show negligence Res ipsa loquitor Reverses burden of proof o Normally, plaintiff must prove requirements of negligence There is a presumption (though it is rebuttable) that defendant was negligent o He must show that he was not negligent Only applies when the following two requirements are met: o Whatever happened would only happen if there was negligence o Defendant had sole control of situation (not easy to show) Example: o Old Town in Denver o Bakery that is 4 or 5 stories tall o Beam with pulley sticking out o Gravity feed system All supplies get pulled up In floor below, there were mixing cauldrons Ingredients would fall from one floor to another One moving part in entire system o Barrel fell from sky, hit ground, injured someone o Two requirements Barrels don’t fall from sky – there must have been negligence Only the employees were in the upper floor o The fact that employee goes up there is equal to master (owner) going up there o Owner must show this isn’t case Must show there may have been a tremor, storm, etc.
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Intervening vs. superseding cause o People used to rake leaves, wrap them in chicken wire, then burn leaves o Burning leaves could land on someone’s property o You are liable, because it was foreseeable, and you should have planned accordingly o This is an intervening cause Something happens in between your action and the damage (here that
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