Medical and funeral expenses No grief or trauma o Emerging some jx allow

Medical and funeral expenses no grief or trauma o

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Traditional: projected lost wages and other income of dead. Medical and funeral expenses No grief or trauma o Emerging: some jx allow damages for death of a child based on principle speculation of what child might have earned o Pecuniary: allows loss of consortium type harm o Minority: loss to estate ° ° Survivor Statute (for the dead)  action brought on behalf of victim’s estate for claims the decedent could have made personally if she had not died Executor, administrator or personal representative of estate Damages  o Whatever victim could have recovered had she lived o Pain/suffering in dying moment o Claims unrelated to death THANKS TO SURVIVOR STATUTES THE CAUSE OF ACTION MAY NOW SURVIVE THE DEATH
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Premises Liability 12/02/2014 ° Traditional Status Categories  duty of care owed by landowner of real property may entail duty to warn investigate or correct
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Trespassers  very limited duty o People on land without consent of owner Licensee  on land with consent; duty to warn of fix hidden dangers Invitees  invited for money gain to owner; affirmative duty to use reasonable care, keep premises safe by fixing, warning etc ° ° ROWLAND FACTORS  index of foreseeability for jury to use to determine whether landowner has acted as reasonable person under circumstances regarding safety of entrants AND rowland jx uses status as factor in determining foreseeability and duty and breach F oreseeability of harm to plaintiff D egree of certainty that the plaintiff suffered injury C loseness of connection between D’s conduct and injury suffered M oral blame attached to D’s conduct P olicy of preventing future harm E xtent of burden to D of imposing duty to exercise care C onsequences to community of imposing duty to exercise care A vailability of cost and insurance for risk involved ° ° ° Restatement Def ° 328  Possessor of Land person occupying land with intent to control OR (b) person who has been occupying land with intent to control it if no other person has subsequently occupied it with intent to control OR (c) person who is entitled to immediate occupancy if no other person in possession ° 329  Trespasser
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person who enters or remains upon land in the possession of another without privilege by possessor ° 330  Licensee person who is privileged to enter or remain on land with possessor’s consent ° 332  invitee public or business invitee business invitee is a person who is invited to enter or remain on land for a purpose directly/indirectly connected with business dealings with possessor (material benefit) o bestowing a material benefit on the landowner ° ° 333  Trespasser duty possessor of land is not liable to trespassers for physical harm caused by failure to exercise reasonable care o (a) to put land in condition reasonably safe for their reception, or o (b) to carry on his activities so as not to endanger them ° 334  Activities Highly Dangerous to Constant Trespassers
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