BBG 231 Lecture Notes - Lecture 24: Attractive Nuisance Doctrine, Comparative Negligence, Objectivist Periodicals
6 Jan 2021
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Behavior that is not intended to injure anyone but that involves a failure to exercise due care. In order to recover for the tort of negligence, the plaintiff must prove that the defendant owed a duty of care to the plaintiff, and the duty was violated. All automobile accident cases are based on the tort of negligence. Duty owed changes from case to case. Duty owed someone coming on your property: Duty owed to invitee: to make the premises safe not only against those dangers of which he (owner, lessee) is aware but also against those dangers that he might discover with reasonable care. One who come on your property with your permission but for his own benefit. Owner must refrain from willfully and intentionally injuring him. Exception: attractive nuisance such as a swimming pool (as to children) must exercise reasonable care to protect them, even though technically they may be trespassers.
