When is duty an issue

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When is duty an issue?

• Duty
• Duty to warn / duty to rescue
• Undertaking to provide a benefit
• Duty to protect from a third parties acts
• Landowner / occupier
• Breach
• Causation
• Damages

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Chapter III (D) Duty Landowners and Occupiers

• The classical, two-step approach
• When a person is injured on anothers property
  and sues the person who is in possession of the
  property
• Determine the plaintiffs status.
• Determine the precise duty that attaches to an
  entrant with that status.

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Step One Status

• Trespasser Enters without privilege or consent
  (R2dT 329)
• Licensee Enters with privilege created by
  consent or otherwise (R2dT 330)
• Invitee Two categories
• A business visitor Enters for a purpose
  directly or indirectly connected with possessors
  business.
• A public invitee Enters land open to the public
  for a particular purpose

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Step Two Precise Duty
With regard to dangerous conditions on the
property Trespasser Duty not to willfully
wantonly injure Licensee Duty to make safe
known, hidden dangers no duty to inspect (even
if a reasonable person would realize that
dangerous conditions might have
arisen!) Invitee Duty to use reasonable care.
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The Rowland, or Heins, approach
A person in possession of land owes a duty to
use reasonable care to protect entrants (at least
non-trespassing entrants) onto his or her land.
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Chapter III Landowners OccupiersThe Duty to
Prevent Criminal Acts
Problem Landowners and Occupiers (2) When is
there an obligation to take steps to prevent
crime by a third party? Landlord / Tenant,
injury in common area (Kline v. 1500 Mass
Ave) Business / Patron (Posecai v.
WalMart) University / Student?
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Chapter III Landowners Occupiers The Duty
to Prevent Criminal Acts
Problem Landowners and Occupiers (2) When is
there an obligation to take steps to prevent
crime by a third party? Landlord / Tenant,
injury in common area (Kline v. 1500 Mass
Ave) Business / Patron (Posecai v.
WalMart) University / Student? Factors
vulnerability control economic benefit
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Chapter III Landowners Occupiers The Duty to
Prevent Criminal Acts

• Problem Landowners and Occupiers (2)
• When is there an obligation to take steps to
  prevent crime by a third party?
• What kind of relationships give rise to a duty?
• What triggers the obligation?
• Specific harm rule
• Prior, similar incidents test
• Totality of the circumstances test
• Balancing approach

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Chapter III Landowners Occupiers The Duty to
Prevent Criminal Acts
Problem Landowners and Occupiers (2) Would the
limited duty rule in Riss apply?
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Chapter III Landowners Occupiers The Duty to
Prevent Criminal Acts
Problem Landowners and Occupiers (2) Would the
limited duty rule in Riss apply? Police assumed
duty direct communication reliance. Weiner
(subway, no duty to prevent assault) OR Lopez
(bus case, rejecting resource arguments
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Placing Riss in context
The prima facie case in negligence Duty Breach
Causation Damages The Defenses Contributory
negligence / comparative fault Immunities
sovereign / governmental immunity
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Chapter III DutyGovernmental Entities
Municipal and State Liability
Sovereign Immunity Federal Torts Claims Act --
p. 249 California Government Code Section 815
ff.
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Cal. Gov. Code 911.2.  Times for presentment of
claims    A claim relating to a cause of action
for death or for injury to person or to personal
property or growing crops shall be presented as
provided in Article 2 (commencing with Section
915) of this chapter not later than six months
after the accrual of the cause of action. A claim
relating to any other cause of action shall be
presented as provided in Article 2 (commencing
with Section 915) of this chapter not later than
one year after the accrual of the cause of
action.
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The prima facie case in negligence Duty
Riss Breach Causation Damages The
Defenses Contributory negligence / comparative
fault Immunities sovereign / governmental
immunity
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Chapter III Duty Review Summary
The prima facie case in negligence Duty Is
there an obligation to use reasonable
care? Breach What does reasonable care
require? Causation Damages
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Chapter III Duty Review Summary
DUTY Is there an obligation to use reasonable
care? BREACH Under the circumstances, did the
actor behave reasonably?
Question of law, judge decides based on
precedent.
General
Question of fact, jury decides
Specific
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Chapter III Duty Review Summary

• Areas of no duty
• No duty to warn / rescue / protect another
  unless
• Special relationship to injured person
• Undertaking to aid
• Special relationship to person causing harm
• Created risk through
• Affirmative acts
• Negligent misrepresentation
• Negligent entrustment

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Chapter III Duty Review Summary

• Areas of limited duty
• Limited duties of utilities
• Car key cases / special circumstances test
• Limited duty in landowner cases
• For activities or artificial conditions
• For harm threatened by others (crimes on
  property)

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Chapter III Duty Review Summary
The broad themes Even though you had the
ability to prevent the foreseeable harm from
occurring by taking reasonable steps, you are not
liable, OR at least you are not liable to this
particular person Commitment to this principle
is not total example of liberty interest in
failure to act cases. Explicit invocation of
policy to justify limitations. Tug of war
between judge and jury.
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Chapter III Duty The Rowland test
We depart from this fundamental principle only
upon the balancing of a number of
considerations 1) foreseeability of harm to the
plaintiff 2) degree of certainty that the
plaintiff suffered injury 3) closeness of
connection between the defendants conduct and
the injury suffered 4) moral blame attached to
the defendants conduct 5) the policy of
preventing future harm 6) the extent of the
burden to the defendant and consequences to the
community of imposing a duty 7) the
availability, cost, and prevalence of insurance
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Chapter III Duty The Rowland test 2

• foreseeability For
• Degree of certainty Common
• 3) closeness of connection Colds
• 4) moral blame Many
• 5) preventing future harm People
• 6) Burden Buy
• 7) insurance of Ibuprofen

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Chapter III Duty The Rowland test 3

• foreseeability Fickle
• Degree of certainty Courts
• 3) closeness of connection Cause
• 4) moral blame My
• 5) preventing future harm Poor
• 6) Burden Brains
• 7) insurance of Insanity

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Chapter III Duty The Rowland test 4

• foreseeability Flowers
• Degree of certainty Delivered
• 3) closeness of connection Can
• 4) moral blame Make
• 5) preventing future harm Turbaned
• 6) Burden Transvestites
• 7) insurance of Titter

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Assignments

Thursday 229-237, n. 7 Friday Cause in
fact, 339-347, 358 nn. 7-9