CO/COUNSEL, Inc.

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Contributions

Rule 101 is ...

Created on December 06, 2016 858

A property owner must take reasonable care to eliminate dangers on her property in order to protect children if all of the following are met:

  1. Danger.  the owner is aware or should be aware of the danger;
  2. Children.  the owner knows or should have known that children are in the vicinity;
  3. High Risk.  the danger is likely to cause injury if encountered;
  4. Risk > Precaution.  the risk outweighs the precaution.  

Created on October 21, 2016 938

For trespassers that the property owner could anticipate, the owner must (1) warn of danger or (2) make the property safe.  

Created on October 21, 2016 855

A property owner owes no duty to unanticipated, unknown, and undiscovered trespassers.  

Created on October 21, 2016 932

The statutory standard of care apply when a criminal statute covers the conduct in question.  In that case, the defendant is per se negligent.  

There are four requirements for this statutory standard to apply:

  1. Criminal Penalty.  a criminal that provides a criminal penalty,
  2. Sufficiently Described.  the prohibited conduct is sufficiently described in the statute,
  3. Prevent Behavior.  the behavior of the defendant is the behavior that the statute is intended to prevent, and 
  4. Prevent Harm. the plaintiff is the type of person the statute intends to protect.  

Created on October 21, 2016 966

There are several instances in which the standard of care is different from the typical reasonably prudent person.  Those specialized standards include: 

  • Children.  when the defendant is a child.
  • Professionals.  when the defendant is a professional.
  • Statutory.  when a criminal statute covers the behavior in question.
  • Common carrier.  when the defendant is an innkeeper or common carrier.  
  • Property owner.  when the negligence involves someone's property.
  • Common usage in an industry.  when the negligent takes place within a specific industry.  

Created on October 21, 2016 960

There are several intentional torts that affect a person's a persons emotional state, including:

  • Intentional infliction of emotional distress. An act that is outrageous that causes emotional distress in a person
  • Bystander claims for emotional distress. An intentional act that seriously injures or kills another in front of a relative of that person that causes the related bystander to feel emotional distress. 

Created on October 21, 2016 1069

Intentional infliction of emotional distress is an act that is outrageous that causes emotional distress in an individual.  

There are three elements to an intentional infliction of emotional distress:

  1. an action
  2. that is outrageous
  3. that causes emotional distress.
The plaintiff can then recover damages for the harm that the distresses caused.  

Created on October 21, 2016 908

Trespass to chattel and conversion to differing degrees of interfering with a persons' personal belongings:

  • Trespass to chattel is less severe.  It interferes with a person's personal belonging, but does not eliminate the person's enjoyment of the property.  
  • Conversion is more severe.  It is the complete interference with a person's personal belongings.  This includes destroying the belonging or stealing it.    

Created on October 21, 2016 958

Trespass to land is an act that invade a person's real property (land). 

There are three elements of trespass to land:

  • an act
  • done with intent
  • that invades a person's real property (land).  
The plaintiff can then recover damages for the harm that the trespass has caused.  

Created on October 21, 2016 904