How to Analyze Negligence on a Torts Essay (Pt. 3): Alternative Standards of Care (Landowners)

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easily one of the best videos ive every watched.

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This is so much better than the Barbri Prep ramble with lack of summary tables. Well done!

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Awesome-thanks for tuning in!

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Just discovered this channel and already this playlist is helping me immensely. Have my first ever torts exam next week and already starting to feel more confident. Thank you for creating this content and explaining these concepts so clearly!

[@studicata]

Sure-happy to help! Wishing you the best on your exams. 🙏

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[@haileyz.2542]

You are a blessing! I love your videos, they've helped me sooo much with finals

[@studicata]

Thank you! No problem, always happy to help!

[@elforeign]

You explain this so well and the chart you have used is so effective to helping analyze the duties owed, thank you!

[@studicata]

No problem, happy to help! 💪

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I'm so glad I found your channel.

[@buenafreida7232]

Your explanations help me better understand the law. Thank you very much, Attorney. God bless your kind heart.

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So incredibly helpful, thank you

[@studicata]

No problem, happy to help!

[@Puchunguita2792]

I really like the way you explain things 👍🏽

[@adelnemes7306]

Thank you so much. This is so detailed, now I understand it.

[@chintandatt7444]

I want to point out something that may be showing my ignorance (as I'm watching these videos a day before my Torts final[!]). A guard dog, from my understanding, seems to still imply a duty of care on the part of the owner, even in relation to a trespasser. That also can be characterized as a "natural" "hazard." Again, don't let this comment confuse you if you're still learning, like me... because I could be engaging in a needless problematization of a helpful heuristic. Then again, that's what we do as legal scholars, at least partially, right? Good luck to others who are in my position. And thank you for posting these videos! Amazing!

[@almostfancyconnoisseur8929]

great quality and very helpful... i feel like a trespasser or perhaps a squatter to your channel , haha , thank you for the material and effort !

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Bless you sir, got my torts final in 3 days

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Don't know how I found these vids but glad I did. Thanks!!

[@studicata]

Yeah, I really did not expect anyone to watch these. Lol. Glad you did -- thanks for the support!

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I don’t think you know how happy i am 🙂🙂🙂🙂😀😀😀😀...this just reinforced everything I’ve been studying.

[@KeepHeartlandStrong]

In the BARBRI MBE review 2016-2017 book it says that to invitee you have "duty to make reasonable inspections to discover non obvious dangerous notions and warn of OR make them safe. Is that OR incorrect? In your video you said they MUST make safe, so that should be an AND in the BARBRI review book?

[@somegirl5rock]

Im in parallel school and these videos explain so much better than my teachers

[@nemo8481]

Is an electrician who is hired, to fix an electrical issue, considered an invitee? If he is electrocuted on the wires for which he is hired to make safe, is the land owner responsible for not making it safe prior to the electricians arrival?

[@godexhibits]

I have a question. So Im a renter of a unit (its a townhouse) im currently in a slip and fall case and I wanted to ask a question. If the landlord is supposed to be doing annual inspections but has never done them, is that considered a breach of duty??

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Thanks so much, I LOVE YOU EXPLANATION.

[@reasonabledoubt9223]

Great stuff!

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This is so helpful. Thanks Can you help with videos on Trust law please 🙏

[@grahamtiller3865]

So what happens if a store owner trespasses a patron after the patron slips on split milk but before the patron hits the ground ?

[@studicata]

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[@aladebolanle5935]

What if the trespasser is a thief - even though discovered; he’s been there before and I know that thieves usually come around - will I still owe duty to make safe ??

[@toldu21]

Can you do one on trademark infringement? through stealing the tm and using it on a different class and they benefit from a tm AFTER the fact they were told not to infringe on the tm and after 30 days they used it by trying to benefit while the tm was on their paperwork like a bill and when that bill was paided to someone (company) and i get an invoice, this will show the registered tm owner has suffered a loss hope you can see what i see cheers

[@Godisgood89117]

Hey, thanks for these videos I was wondering is there some nuance to this particular area in terms of duty because I was looking at a Barbri lecture where the professor stated that simply warning guests at a casino with a floor is wet sign is sufficient to meet the duty requirement to invitees

[@1twinsfan4ever1]

Gonna preface this with the fact that I’m a student, so not gonna act like I’m the authority here, but my thought would be that in the case of a wet floor, it becomes safe over time without further action which satisfies the make safe OR that a warning suffices for the time between inspection and making safe, as in a warning will prevent liability if it can be shown that there was intent to make it safe in a reasonable timeframe

[@studicata]

Under the traditional approach, a land possessor owes an invitee the duty to use reasonable care to inspect the property, discover unreasonably dangerous conditions, and protect the invitee from such conditions. A warning COULD be sufficient to satisfy the duty owed to an invitee if the warning makes the condition safe enough to protect the invitee from harm (e.g., putting yellow caution tape around the dangerous condition). Under the traditional approach, the key to recognize is that a land possessor owes the highest duty of care to invitees, the lowest duty of care to trespassers, and a duty of care somewhere in the middle for licensees. Thanks for the question! I'll be sure to make this more clear in lectures moving forward.

[@thomaj8857]

@@studicata all duties under this section are hidden danger. Sign or warning makes it Not hidden. So proper sign or warning could make that danger out of scope of above all duties owed by possessor or landowner.

[@Dk7423]

thanks teacher.

[@tangobelair]

I think you are mistaken w/ respect to duty of the invitee as to the duty to make safe , all the landowner must do is to warn of the known concealed dangers , there is no duty to make safe , the logic is that if the warning is sufficient then the plaintiff is said to assume the risk , I can be wrong can you please recheck , I did in several places and they seem to say only a duty to warn as to both invitee and licensee , thank you for the lectures

[@studicata]

Under the traditional approach, a land possessor owes an invitee the duty to use reasonable care to inspect the property, discover unreasonably dangerous conditions, and protect the invitee from such conditions. A warning could be sufficient to satisfy the duty owed to an invitee if the warning makes the condition safe enough to protect the invitee from harm (e.g., putting yellow caution tape around the dangerous condition). Under the traditional approach, the key to recognize is that a land possessor owes the highest duty of care to invitees, the lowest duty of care to trespassers, and a duty of care somewhere in the middle for licensees. Thanks for the question! I'll be sure to make this more clear in lectures moving forward.

[@pabloarri]

Disclosure: I am not a licensed attorney (yet). An invitee is a person who is invited onto property for business reasons, and would include customers of a retail store and job applicants. Property owners owe the highest degree of care to invitees to make sure they are safe from dangers on their property. Under this standard, a property owner not only has a duty to repair and correct known dangers, he also has a duty to reasonably inspect for, discover, and correct unknown hazards in those areas of the premises to which an invitee might have access. From realestate.findlaw.com/owning-a-home/property-owners-legal-duty-to-prevent-injury.html

[@jasandscott3136]

I think there is some nuance to the sections of licensee and invitee. With a licensee, the duty is to warn. There is no duty to make safe. CAN you make it safe instead? Certainly. But, the duty is still to warn. If you opt to make it safe, then the problem goes away, and you obviously no longer have a duty to warn. With an invitee, you have both the duty to warn, and to make safe. If, however, your warning is sufficient to make it safe (e.g. yellow caution tape surrounding it), then this might be enough to satisfy the duty to make safe. I expect that whether or not it will actually satisfy will be determined contextually, on a case by case basis.

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Peerless Michael. What a legend.

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I am so thankful for you and your information but do you bang your head in court? Because if I was a judge I'd be like this isn't a freaking rave😂😂 but thanks for the crash course very helpful

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[@studicata]

Awesome, glad this helped! 💪