Torts Outline 2nd Semester
I. Owners and Occupiers of Land
A. Undeveloped Land: Possessors duties to maintain the land that arise out of the state of nature are usually not deemed to create a duty to those outside the premises. This extends under the general standard of reasonable care to prevent an unreasonable risk of harm.
1. Exception: Taylor: Center of tree had been decayed but discoverability was unreasonable.
B. Developed land: One must check the natural surroundings for decay and possible liabilities.
1. If you knew tree was going to fall and did nothing = liable (trend is diligent inspection is encouraged)
i. Factors: Land use, road use, traffic density and preservation of natural stand of trees for either urban/suburban settings.
ii.Would it be reasonable to check all of the trees that could fall?
iii. Was reasonable care taken to prevent an unreasonable risk?
C. Public Right to Unmolested Use
1. The public has a right to the free and unmolested use of the public highways and that adjacent landowners may not so use their land as to interfere with the rights of persons lawfully using the highways.
a. Salevan v. Wilmington Park: Baseball park owner did not take enough precautions: (fence not high enough…amount of balls): P has highest level of expectation with an almost constitutional: PUBLIC SPACE….greater the entitlement on part of plaintiff the greater the protection and expectation.
b. Factors:
i. Once landowner alters the land it becomes “artificial” and they are responsible to those outside the premises.
ii. Piling up asphalt or sand…just because water or wind blew them did not eliminate your liability.(the artificial grouping)
iii.
D. Trespassers and Anticipated Trespassers.
2. There is only duty to prevent injuries to those at public crossings or any place where it’s presumable that people would be present. Not bound to anticipate trespassers who venture upon a track for any purpose and thus assumes all risks of the conditions. The duty arises then upon discovery of any individual on the track and making a reasonable effort to stop. (foreseeability/custom/last clear chance)
a. Positive duty on constructive notice irrespective of circumstances.
b. Negative duty: Not on warning
e property owner just like an invitee. (permission)
c. They are entitled to notification of any concealed artificial or natural dangers known to the owner. They take it as they find it, but the prop. owner has no affirmative obligation to makes the premises safe
ix. Barmore: Found to be a licensee as there was no benefit conferred and the D could not have predicted his son’s crazy behavior.
x. Factors: Licensee does not receive as much notification but the invitee must be doing something beneficial to the owner personally. (in Barmore it was in advancement of the lodge business)
i. Invitee is created even if you don’t buy something as long as you intended to buy or considered it.
Campbell (restrooms are sometimes for benefit of customers which is inherently an attraction for new
