P arg He was invitee or at least licensee duty to maintain roof in reasonable

P arg he was invitee or at least licensee duty to

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P arg: He was invitee or at least licensee/ duty to maintain roof in reasonable fashion D arg: P trespasser RULE: P Trespasser/ No Duty to Trespassers so D wins o HYPO1: Business under reg busi hrs. Client wants to know wats their risk of liability for customer injured on steps? Under Leffler – invitee so owe duty to provide safe premises o HYPO2: Someone owns home remotely in another country. Person asks if they can go to it. UPS guy falls thru stairs. Duty? Yes – Invitee Now: Most States abolished Licensee-Invitee distinction RULE: Possessors who are aware (should be aware) of licensee presence must take reasonable steps to warn licensee of hidden dangers o Permission? Duty of reasonable care o No Permission? Trespasser – No duty o Rowland v Christian: P social guest at D. Injured by cracked water faucet handle. P asked permission. D aware but didn’t warn II. PREMISES LIABILITY 5
P arg: D aware & injuries caused by D D arg: P guest/ contributory neg/ knew conditions RULE: 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/repair all premises liab cases now go to jury! Shifts powerful decision making from judge jury. Before: Q of Duty/ Now: Q of breach/comparative fault Abandoned all distinctions Duty of possessor to warn applied generally to all permitted people EXAM: 1. Classify the injured person as an invitee, licensee or a trespasser 2. Identify the duty owed to the injured person a. 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 them 3. Determine whether the duty was breached a. Must be an “extreme departure from ordinary standards of care” P’s Status (most duty to lease) Duty Owed Invitee: business guest- enters at invitation of possessor BUT for their mutual advantage/ to further business/mission Ordinary care AND Warn of hidden dangers of peril Licensee: enters w/ permission/implied permission BUT for own convenience Warn of hidden dangers that possessor knows or should know of (Rowland v Christian) Trespasser: no permission No 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 prospects EXAM: FOR PEL FROM INTERRUPTION IN BUSINESS CAUSED BY SOMEONE ELSE NEGLIGENCE NEED: 1. Physical harm to your property or person OR 2. 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.

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