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Related Flashcards
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Cards In This Set
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§333 Trespassers
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A possessor of land IS NOT LIABLE to trespassers for PHYSICAL HARM caused by HIS failure to exercise reasonable care(a) to put the land in a condition reasonably safe for their reception (b) to carry on his activities so as not to endanger them
**§334 and §337 |
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Haskins v. Grybko
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Squash shooter animal
RULE: If the intestate was a trespasser upon the D's land, D was not liable for mere negligence. He was, however, under an obligation to refrain from intentional injury and from wilfull, wanton and reckless conduct |
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Herrick v. Wixom
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Circus firecracker eye
RULE: Where a trespasser is discovered upon the premises by the owner or occupant, he is not beyond the pale of the law, and any negligence resulting in jury will render the person guilty of negligence liable to respond in damages |
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Licensees
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A
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Davies v McDowell National Bank
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Carbon monoxide poisoningRULE: They were social guests, to which the owner of a premises is liable for bodily harm caused by a latent dangerous condition existing thereon ONLY IF HE HAS KNOWLEDGE OF THE CONDITION and fails to give warning thereof, realizing that it involves an unreasonable risk to his guests and that they are not likely to discover its existence
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Lordi v. Spiotta
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Summer home water heater
RULE: The guest rule cannot hold the proprietor of the establishment immune from answering in damages where the guest is injured by an unknown danger created by the proprietor's negligence |
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Invitees
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One who enters upon the premises of another for purposes connected with business of the owner or occupant of the premises
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City of Boca Raton v. Mattef
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Sign painter
RULE: He was a licensee, and beyond that he isn ot obligated to make provision for the safety of one who enters his premises under such circumstances |
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Jacobsma v. Goldberg's Fashion Foruma
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P stopped thief in Dept storeRULE: D owed him a duty to exercise ordinary care for his safety
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Attractive Nuisance Doctrine
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Keffe RULE: RR Co was bound to use care to protect children because it was very attractive and knew many children were in the habit of going to play upon it
Towar RULE: A corp overwhelmed in debt is not required to bear the expense of preventing children from going across its lots to school |
