Torts & Personal Injury Flashcards

Which entrant is owed the highest duty of care by a possessor of land?

Answer: Invitee

Invitees must be protected through reasonable inspection and repair or warning.

A possessor generally owes a licensee a duty to:

Answer: Warn of known dangers not obvious to the licensee

Licensees are owed a warning of known concealed dangers, not a duty to inspect.

Toward an adult trespasser, a possessor traditionally must generally:

Answer: Refrain from willful or wanton injury

The traditional rule bars only willful or wanton misconduct toward undiscovered trespassers.

The attractive nuisance doctrine primarily protects:

Answer: Children drawn onto land by a dangerous condition

It imposes a duty to guard artificial hazards likely to attract children who cannot appreciate the risk.

A negligent security claim most commonly alleges that the owner:

Answer: Failed to take reasonable measures against foreseeable criminal acts

Owners may be liable when crimes were foreseeable and security was inadequate.

Constructive notice of a hazardous condition exists when:

Answer: The condition existed long enough that reasonable inspection would have found it

Constructive notice is imputed when a reasonable inspection would have discovered the hazard.

A hazard is 'open and obvious.' Its effect on an owner's liability is typically to:

Answer: Reduce or eliminate the duty to warn

Obvious dangers often need no warning, though owners may still owe care where harm is foreseeable.