Owners and Occupiers of Land/Strict Liability

what are the traditional (trichotomy) classifications

trespassers

licensees

invitees

what are the modern law (dichotomy) classifications

were you there lawfully —> duty to apply reasonable care

were you there unlawfully —> look to classification system

types of trespassers

general/unknown

discovered

children

frequent

what is the duty to unknown trespassers? 

to warn of known or hidden dangers

no duty to warn of open and obvious dangers 

what is the duty to discovered trespassers?

once discovered (actual notice) the owner or occupier must then use reasonable care to prevent injury

what is the duty to children trespassers? 

there is a heightened duty to protect children (but must also consider what the child understands) 

• subjective test

attractive nuisance doctrine

what is the attractive nuisance doctrine

holds property owners liable for injuries to trespassing children if their property contains a dangerous condition that is "attractive" to children.

what is a duty to frequent trespasser?

duty to refrain and make safe any of the artificial dangerous (risk of serious death or injury) conditions

no duty to warn of natural conditions

what duty is there to a licensee?

owner has a duty to warn of known hidden dangers

no duty to warn about open and obvious dangers

what duty is there to an invitee?

owner has a duty to exercise reasonable care/highest standard (must inspect for unknown dangers, make premises safe or that there is adequate warnings, prevent harm) 

includes duty to warn of dangerous conditions, if danger is open and obvious then consumer should protect themselves 

whats the difference between licensee and invitee?

licensee enters land with permission (i.e social guest)

invitee enters land open to public (i.e store customer)

when is there a duty to protect under attractive nuisance doctrine

Duty to protect from artificial condition when… 

1. The condition exists where land possessor knows or should know children are likely to trespass

2. The land possessor knows or should know condition poses unreasonable risk of death or serious bodily harm to children

3. children of trespasser's age cannot reasonably discover or appreciate risk and

4. The utility of the possessor of maintaining the condition and the burden of eliminating the danger are slight compared with the risk to children and involved;

5. The possessor fails to exercise reasonable care to eliminate the danger or otherwise to protect the children

when is a defendant liable for abnormally dangerous activities?

when their activity causes physical harm and that harm results from hazards that make the activity abnormally dangerous

i.e fumigating, storing explosives, operating a nuclear facility

what is an abnormally dangerous activity?

An activity that poses a foreseeable and highly significant risk of physical harm that cannot be mitigated by the exercise of reasonable care

what factors are considered when determining if activity is abnormally dangerous 

• Gravity of harm resultign from activity 

• High degree of risk 

• Location of activity 

• Inability to exercise reasonable care to eliminate risk 

• Extent that activity is a matter of common usage 

• Value of activity to community

when does strict liability apply 

• Applies when suing for personal injury 

• Animals 

• Inherently dangerous activities 

• Defective products (products liability)

strict liability

some kinds of activities impose liability without regard to the actor’s fault

when does strict liability apply to non-trespassing domestic animals

owner is liable if the owner has actual or constructive (should have known) knowledge of the animal’s dangerous propensities

what is the one bite rule

after a dog bites once for no reason, the owner knows the dog is dangerous and liability can be imposed

can an owner be strictly liable for a domestic animal which trespasses on private land?

no, must bring a claim or negligence or intentional tort

when does strict liability apply to wild animals? 

always - trespassing element determines where damages come from 

what is an owner liable for when their wild animal trespasses on private land? 

liable for animal’s trespass on land and any damage done to chattel from its trespass 

what is an owner liable for when their wild animal trespasses on public land? 

liable for harm stemming from animal’s dangerous characteristic 

what is an owner liable for when it comes to non-trespassing wild animals?

liable for physical harms stemming from animal’s abnormally dangerous character 

when is an owner liable for livestock which trespasses onto private land?

liable for damage to chattel from animal’s trespass

when is an owner liable for livestock which trespasses onto public land?

liable for harm stemming from animal’s dangerous characteristics

en is an owner liable for non-trespassing livestock?

liable if the owner has actual or constructive knowledge of the livestock’s dangerous propensities