Flashcards
9-10-2026 - Lecture 3: Premises Liability
Cards in this deck (22)
- 1What is the first element necessary to establish liability under the Doctrine of the Attractive Nuisance?There must be a dangerous condition on the land of which the landowner is aware or should be aware.
- 2How is the remedial burden evaluated under the fourth element of the Doctrine of the Attractive Nuisance?The expense of remedying the situation must be slight compared with the magnitude of the risk ($B < PL$).
- 3Does a landowner owe a duty to warn a discovered trespasser about dangerous natural conditions on the land?No; the duty to warn or make safe for discovered or anticipated trespassers applies strictly to known, concealed, unsafe artificial conditions.
- 4To trigger a landowner's duty toward a discovered or anticipated trespasser, what level of harm must a concealed artificial condition pose?It must involve a risk of death or serious bodily harm.
- 5How does the duty to inspect property differ between licensees and invitees?Landowners owe invitees an affirmative duty to conduct reasonable inspections for unknown dangerous conditions, whereas no duty to inspect is owed to licensees.
- 6What prohibition limits a landowner's right to protect property against trespassers during active operations?Landowners must exercise reasonable care and are strictly prohibited from using booby traps or intentional lethal mechanisms.
- 7Under what specific circumstance must a landowner warn of or make safe an open and obvious dangerous condition for a licensee?When the open and obvious condition creates an unreasonable risk of harm that cannot be avoided even if the licensee exercises reasonable care.
- 8What general duty of care does a landowner owe to a licensee regarding non-obvious property hazards?The landowner must warn of or make safe dangerous conditions involving an unreasonable risk of harm that the licensee is unlikely to discover.
- 9If an open and obvious hazard can be safely avoided by a licensee exercising reasonable care, what duty does the landowner owe regarding that hazard?No duty to warn or make safe arises, as the duty applies to open and obvious hazards only when harm cannot be avoided despite reasonable care.
- 10Must a dangerous artificial hazard be concealed for a discovered trespasser to recover damages from a landowner?Yes; landowners only owe a duty to warn of or make safe artificial conditions that are *concealed* and involve a risk of death or serious bodily harm.
- 11Why does the Doctrine of the Attractive Nuisance relax traditional trespasser rules for child trespassers?Because the dangerous condition is likely to cause injury due to the child's inability to appreciate the risk involved.
- 12What standard of inspection must a landowner perform for the protection of invitees?A reasonable inspection to discover unknown dangerous conditions.
- 13Once a dangerous condition is identified on property open to invitees, what choices does the landowner have to satisfy their duty of care?The landowner must either warn invitees about the danger or otherwise make the condition safe.
- 14What legal duty does a landowner owe to a discovered or anticipated trespasser regarding artificial conditions on the premises?The landowner must warn of or make safe known, concealed, unsafe artificial conditions that involve a risk of death or serious bodily harm.
- 15Does the Attractive Nuisance doctrine require the landowner to have actual knowledge that children visit the property?No; constructive knowledge ("should know") that children frequent the vicinity satisfies the standard.
- 16What standard of care governs a landowner's active operations on property when a trespasser is discovered or anticipated?The landowner must exercise reasonable care in conducting active operations and is prohibited from setting booby traps.
- 17Under the Doctrine of the Attractive Nuisance, what standard of knowledge applies regarding the presence of children?The landowner knows or should know that children frequent the vicinity of the dangerous condition.
- 18Under what condition does providing a warning fail to discharge a landowner's duty of care to an invitee?When the warning is unlikely to mitigate the foreseeability of harm.
- 19Which entrant status under premises liability receives protection against unknown latent defects through a mandatory duty of reasonable inspection?Invitees.
- 20What degree of knowledge must a landowner have regarding an artificial hazard to owe a duty of care to a discovered trespasser?Actual knowledge ("known to landowner"). Constructive knowledge of the condition does not suffice for discovered trespassers.
- 21What standard of care applies to a landowner conducting active operations on property frequented by licensees?The landowner must exercise reasonable care in conducting active operations.
- 22In the risk-utility formula $B < PL$ applied to attractive nuisances, what does each variable represent?$B$ is the burden/expense of remedying the condition; $P$ is the probability of injury; $L$ is the magnitude or gravity of the potential harm.
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- User has deleted their subject information Flashcards on 9-10-2026 - Lecture 3: Premises Liability, created by Deleted user on 21/10/2026.
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- Created by Giovanna Minotta · Oct 21, 2026
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