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Torts II - Owners & Occupiers Of Land
Terms in this set (56)
General Rule: Duty of Persons Outside the Premises w/Re to NATURAL CONDITIONS
An owner/occupier does NOT have a duty ot protect persons outside the premises from NATURAL conditions
3 Exceptions to General Rule Re Natural Conditions Duty
(2) Urban and Rural
(3) Self-help Rule
Exception 1: Trees
Rule: an owner/occupier has a duty to take "reasonable precautions" to safeguard the public from "unreasonable risk of harm if he knows/should know that a ROADSIDE tree on his property is defective.
> FORESEEABILITY ALONE is insufficient to show actual/constr. knowledge when tree is HEALTHY.
>Standard of Care = "reasonable care" to prevent "unreasonable risk of harm" (rural/urban)
NOTE: urban landowner has duty to exercise "reasonable care" w/re to defective/decaying trees by public roadways
Exception 2: Urban/Rural land conditions
Rule: one who owns the land (urban OR rural) may owe a duty of RC as to the natural land conditions that threaten outsiders.
Exception 3: Self-Help Rule
Dep. on the juris., if there are roots/branches protruding onto a neighbors property, they can remove them
General Rule: Duty of Persons Outside the Premises w/Re to ARTIFICIAL CONDITIONS
General Rule: an owner/occupier does NOT have a duty to protect persons outside the premises from unnatural (artificial) conditions
Exceptions to the Landowner Duty w/Re to Artificial Conditions Rule: DUTIES
Duty exists if:
>> Art. Conditions abutting a sidewalk (some juris)
>> to safeguard the public from harm due to Art. conditions abutting public highways. Public has right to free and unmolested use.
>> to maintain artificial /natural conditions so as not to block visibility of highway
>> to travelers who fall into excavation sites on their land adjoining highway (majority)
Exceptions to the Landowner Duty w/Re to Artificial Conditions Rule: POSSIBLE DUTY
Possible Duty if:
>> owner created of unreasonably Dangerous Conditions/Structures abutting adjacent land (ie, altering/redirecting flow of water or snow onto the highway)
>> actual creation of artificial accumulations of snow/ice on public highway
>> When land has the deceptive appearance of being a "continuation of a public way" (duty to invitees to guard trap or excavation even if considerable distance into property).
Exceptions to the Landowner Duty w/Re to Artificial Conditions Rule: NO DUTIES
No Duty Exists:
>> no duty Re normal flow of water (unless altered)
>> no duty for snow or ice on highway (unless altered)
>> There is no liability as to dangers a considerable distance from the highway
AC Exception 2: Abutting Sidewalk conditions
some courts have extended an owner's duty to maintaining conditions. commercial owners may be held liable to maintain conditions.
3 Types of Plaintiff Status on the Premises?
What is a Trespasser?
someone who comes onto the land of another without permission or privilege.
The First Issue is what is the status of the person on the property?
someone who enters onto land by the owner/occupier's PERMISSION for the licensee's OWN purpose or business RATHER than the owner/occupier's benefit.
What is an Invitee?
someone who enters the owner/occupier's premises
> on biz which concerns the occupier
> can be an expressed/implied invitation
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