P arg: He was invitee or at least licensee/ duty to maintain roof in reasonable fashionD arg: P trespasser RULE: P Trespasser/ No Duty to Trespassers so D winsoHYPO1: Business under reg busi hrs. Client wants to know wats their risk of liability for customer injuredon steps? Under Leffler –inviteeso owe duty to provide safe premisesoHYPO2: Someone owns home remotely in another country. Person asks if they can go to it. UPS guy falls thru stairs. Duty? Yes – InviteeNow: MostStates abolished Licensee-Invitee distinction RULE: Possessors who are aware (should be aware) of licensee presence must take reasonable steps to warn licensee of hidden dangersoPermission? Duty of reasonable careoNo Permission? Trespasser – No dutyoRowland v Christian: P social guest at D. Injured by cracked water faucet handle. P asked permission. D aware but didn’t warn II. PREMISES LIABILITY5
P arg: D aware & injuries caused by DD arg: P guest/ contributory neg/ knew conditionsRULE:If possessor AWARE of concealed condition that presents unreasonable risk of harm to those who contact and knows person will contact it General Duty of reasonable care to all persons to warn/repairall premises liab cases now go to jury!Shifts powerful decision making from judgejury. Before: Q of Duty/ Now: Q of breach/comparative fault Abandoned all distinctions Duty of possessor to warn applied generally to all permitted peopleEXAM:1.Classify the injured person as an invitee, licensee or a trespasser 2.Identify the duty owed to the injured persona.Invitee: duty to keep premises reasonably safe and warn if there is a hidden danger or peril b.Licensee: to warn of known hidden and dangerous conditions (Rowland v. Christian)c.Trespasser: duty to refrain from willfully or wantonly injuring them3.Determine whether the duty was breacheda.Must be an “extreme departure from ordinary standards of care” P’s Status (most duty to lease)Duty OwedInvitee: business guest- enters at invitation of possessor BUT for their mutual advantage/ to further business/missionOrdinary care AND Warn of hidden dangers of perilLicensee: enters w/ permission/implied permission BUT for own convenienceWarn of hidden dangers that possessor knows or should know of (Rowland v Christian)Trespasser: no permissionNo duty to adults (some exceptions: i.e: refrain from willfully or wantonly injuring them)/ Children: no attractive nuisance (or 4sbly dangerous condition)Acted w/out reasonable care for P’s economic prospectsEXAM:FOR PEL FROM INTERRUPTION IN BUSINESS CAUSED BY SOMEONE ELSE NEGLIGENCE NEED: 1.Physical harm to your property or person OR2.A contractual relationship with the alleged defendant 3.Some special relationship between the plaintiff and defendant that creates a duty and the injury is foreseeable.