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Welcome to my Law blog specifically intended as an aid to law students. I will post comments and white papers, from time to time, and I am happy to carry on conversations with students who are in need of help in law school.


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I am a Professor of Law at Concord Law School, an Internet Law School located in Los Angeles, though I live, teach and otherwise work out of Lakewood, Colorado, resting up against the foothills just west of Denver.

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Monday, July 12, 2010

3 – Special Duty Rules – Owners and Occupiers of Land (Licensees)

3 – Special Duty Rules – Owners and Occupiers of Land (Licensees)

PLEASE NOTE THAT THE FOLLOWING IS TAKEN FROM SOME OF MY CLASS NOTES, SOME OF WHICH IS MY OWN PERSONAL WORK AND SOME OF WHICH BELONGS TO CONCORD LAW SCHOOL.  IT IS POSTED TO HELP MY IL STUDENTS IN PARTICULAR.  IT CANNOT BE DISSEMINATED WITHOUT EXPRESS, WRITTEN PERMISSION.

Last time in torts, we talked about common carrier liability. Now we tackle Owners and Occupiers of Land - Licensees.

Licensee:

A licensee is one who enters the land of another with express or implied consent of the land occupier. Here, the only obligation is to warn the licensee of concealed, artificial or natural dangers on the property known to the land occupier. Warnings need only be given about hidden dangers known to the land occupier. There is no obligation to inspect.

On the other hand, a land occupier may be liable to a licensee injured by a condition on the land where the land occupier knows of a dangerous condition on the property, fails to make the condition safe or to warn the licensee about the risk involved, and the licensee does not know about the danger nor would be expected to discover the dangerous condition.

There is a duty to refrain from willful reckless conduct and if plaintiff is discovered by the landowner to be in a position of peril, then the land occupier has a duty to use reasonable care.

One who is invited home for dinner and is injured on the walkway to the front door is a licensee, because he was invited, but not to the economic advantage of the landowner. Social guests are usually licensees because they are invited, but not to the economic advantage of the landowner. Social guests are usually licensees.

Special California Rules:

The duty of care owed by landowners to persons on their land under CA law is that of reasonable care. (Rowland v. Christian). California is one of a handful of states that has applied the general duty irrespective of the status of the person upon the land.

Next: Special Duty Rules – Owners and Occupiers of Land (Trespassers)

Professor Doug Holden
© 2010. Douglas S. Holden. All Rights Reserved.

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