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Posted: November 7th, 2020
Rights and Responsibilities of Land Owners Assignment | College Homework Help
Discussion 1: Rights and Responsibilities of Land Owners"
- Part A: The general rule is that a landowner can be held liable to trespasser only for intentional torts or for reckless or wanton conduct. No landowner will be liable to a trespasser for mere negligence, which is a failure to use reasonable care.
State whether or not you agree with the fact that many states require a landowner to use reasonable care in order to protect discovered trespassers, frequent trespassers, or tolerated trespassers from injuries caused by either the landowners’ activities or by artificial condition son the land. Support your response.
- Part B: In Knopf vs. Hale, at 981 S. W.2d 469 (Tex. App. 1998) and apt. 480 in textbook, the court lays out the duties to both a licensee and an invitee. Use this analysis to determine whether or not a church member who slipped and fell in the church basement fellowship hall and injured herself would be considered a licensee or an invitee.What duty of care would she be owed? Would your conclusion change if the member had sung in the church choir that morning, before she fell?
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"Discussion 2: Special Duties – Obligations to Rescuers"
- The court in McCoy vs. American Suzuki Motor Corp. at 961 P. 2d 952 (Wash.1998) and at p. 530 in your textbook, recognized that a person who creates situation of peril has a duty to an individual who attempts a rescue in response to that situation. For example, in McCoy, the plaintiff was able to recover forma manufacturer of a vehicle where a car accident was caused by defects in the vehicle. The plaintiff was not involved in the accident but stopped to assist;in the process, McCoy was struck by a hit-and-run vehicle and injured. Determine if it violates normal notions of fairness to hold someone responsible for injuries caused to a rescuer when the rescuer chose to undertake the rescue.Does the foresee ability of the need for rescue create a duty from Suzuki to the injured plaintiff? Law homework help
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