Chapter 2 Standard of Care 2 Standard of Care C H A P T E R

Overview Three categories of duty affecting standard of care Recreational land use statute: A protection from negligence Attractive nuisance

Categories of Duty Invitee: Both inviter and invitee benefit. Licensee: Property owner gives permission for user to use land; property owner does not benefit. Trespasser: User enters land without permission.

Effect of Visitor Status on Liability Invitee –Landowner owes visitor the highest standard of care. Licensee –Landowner cannot be held liable for unknown danger. –Landowner must warn of known dangers. Trespasser –Landowner owes no duty. –Landowner may not set traps.

Recreational Land Use Statute Protects private landowners from negligence when they open their land to public use for recreational activities Landowner cannot charge fee for use of land Does not protect from gross or willful and wanton negligence State specific

Attractive Nuisance State-specific question Landowners have a duty to protect children who are lured to the land by some dangerous item or condition Landowners must make sure that children are not harmed –Fix the item or condition –Make sure children cannot get to it

Summary Three levels of duty: invitee, licensee, trespasser Recreational land use statute Attractive nuisance