FIN 240 Lecture Notes - Lecture 11: Attractive Nuisance Doctrine, Reasonable Person, Comparative Negligence
Document Summary
Trespass to land - occurs when a person without permission: Physically enters onto, above, or below the surface of another"s land. Remains, or permits anything to remain, on the land. Actual harm to the property is not required, supposed to protect your interest in your property. What you have to do to prove; prove that it is yours, and that others don"t have permission. Liability for harm - trespasser is generally liable for damage caused to the property and generally cannot hold the owner liable for injuries sustained on the premises. Many jurisdictions use a reasonable duty of care rule that varies depending on the status of the parties. Property owners may be liable for objects that attract children under the attractive nuisance doctrine. Defenses to trespass to land - trespass is warranted to assists some in danger. Licensee - such as a utility service person, guests, etc.
