TORTS II

• General: NO Duty
• Exceptions:
• 1. creation of harm
• 2. creation of risk
• 3. special relationship
• 4. special relationship w. dangerous 3dp
• 5. undertaking to assist
• 6. taking charge of helpless P

• Special relationship
• Employee/employer:
• must know:
• -employee is in imminent danger; or
• -employee is injured

• Bus Owner/customer
• -Customer is invitee
• -Duty to protect when foreseeable
• -Balancing test
• Special to dangerous 3d party
• -Prior relationship + threat to P = duty to warn
• -Gov. owes to public at large, not idividuals

-Once known, basic RPP to all entrants

• Natural conditions
• -no duty except non obvious

Trigger: knows of tresspaser, knows of non-obvious danger

Duty owed: Low; RPP; warn of non-obvious & avoid willful wanton

Exception: Footpath; use sign to warn of non-obvious

Trigger: (1) Knows or has reason to know danger may cause serious harm/death (2) Trespass foreseable (3) Know or have reason to know child can't appreciate

Duty: (1) Care relative to inability (2) Owner must [a] use reasonable care to [b] protect from danger [c] if cost of the harm outweighs cost of protecting (3) Dangerous intrumentality- higher duty to unappreciable

• -Can balance if too great a burden
• -Old enough to roam appreciates common hazards

• -social guests
• -must be within scope or trespasser
• -can be by law; firefighter

Trigger: knows/has reason to know of danger or in danger (< trespass)

Duty: RPP; warn of non-obvious & avoid willfill wanton

Trigger: opening premises

Duty: RPP

• Gen: Not liable for dangerous/defective premises
• Exceptions:
• 1. Hidden dangers
• 2. Leased for public use
• 3. Under lessor control
• 4. Negligent repair

Firefighter rule: Not liable for injury from negligence that caused call; new negligence counts

• CL: no duty of care for ED alone
• Impact rule: must actually be touched
• 1. impact
• 2. severe emotional harm
• 3. manifested

• ZOD (majority): risk of impact
• 1. foreseeable ZOD
• 2. severe harm
• 3. physical consequences
• -allows for bystander in ZOD (CA = Dillon)

• Dillon Bystander Rule (CA):
• 1. At/near scene of injury
• 2. Direct contemporaneous experience
• 3. Closely related to victim
• ------
• 4. Severe emotional harm
• 5. Physical consequnces

• Trespass by animal = trespass by human + foreseeable
• Exceptions:
• -Animals straying during transport
• -Nature creates opportunity for trespass
• -Caused by another animal
• -Result of intentional/negligent 3dp

Fencing out rule: neighbor must fence; livestock owner responsible if breaks fence

Fencing in rule: owner SL if no fence; not if he reasonably fenses

• Cats/Dogs: allowed to roam w.o liability unless:
• 1. causes personal injury
• 2. owner intentionally/negligently causes trespass
• -- liable if you see an issue and don't use reasonable care to prevent

• Not abnormally dangerous: no liability unless:
• 1. D intentionally causes animal to harm
• 2. D is negligent in failing to prevent harm
• -required to know animals characteristics

• Abnormally dangerous, liability if:
• 1. SL: if knows or has reason to know of abnormal danger (even if acting as RPP)
• 2. Negligence: foreseeable risk of harm (only need be RPP)
• 3. Landowner: if P is invitee, must warn about animal

Wild Animals: Always SL

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